Terms and conditions of sale
1. About these terms
These terms and conditions govern online sales to consumers of products offered under the Merry Little December brand on merrylittledecember.com (the “Site”). By placing an order, you accept these terms. The terms in force when you order apply to your purchase. You can save or print them at any time.
We sell to consumers in Ireland and other countries of the European Union, and in the United Kingdom. The paragraphs headed “UK customers” apply if you live in the United Kingdom. They give you the protection of UK consumer law and prevail over any provision of these terms that is less favourable to you.
2. Seller
Oblivion Capital LLC, Limited Liability Company (Wyoming, USA), 30 N Gould St Ste N, Sheridan, WY 82801, USA, registration Company registered in the State of Wyoming (USA) – EIN 98-1882590, telephone +356 77 08 15 09, email [email protected] (the “Seller”, “we”, “us”).
3. Products
Our products are digital content supplied without a physical medium: PDF files to download and print at home in A4 format, sometimes grouped in a ZIP archive. No physical products are shipped. Each product page describes its main features, including its contents, number of pages, recommended age, and colour and ink-saving versions.
You need a device that can open PDF files and extract ZIP archives. Most recent computers and smartphones have a built-in ZIP extraction function. To print the files, you need a printer or a printing service.
4. Prices
Prices are in euros (EUR) and include VAT and all applicable taxes. There are no delivery charges. The checkout page shows the total before you confirm your order. The price shown when you order applies to your purchase. Where we advertise a reduction, we show the comparison price and explain the basis of the saving.
UK customers. If you visit the Site from the United Kingdom, prices are shown and charged in pounds sterling (GBP) and include UK VAT. The currency shown on our pages is the currency charged at checkout, and the checkout page shows the total in that currency before you pay. If your card is in another currency, your bank may charge its own conversion fees.
5. Ordering
To order: (1) click the buy button for your chosen product; (2) on the secure Stripe checkout page, enter your email address and payment details, check the products and total, and correct any errors; (3) tick the box requesting immediate supply and acknowledging the loss of your right of withdrawal (see section 8); (4) confirm using the payment button, which creates an obligation to pay. The contract is concluded when payment is confirmed. We send your order confirmation by email.
Optional additional product. Checkout may offer an additional product. It is never preselected. It is added only if you select it yourself.
Offer after purchase. After your order, the confirmation page may offer another product with its VAT-inclusive price clearly shown. If you tick the withdrawal box and click the acceptance button, you enter into a new contract. You expressly authorise us to charge that amount once to the payment method you have just used. If this charge cannot be made, you are redirected to a standard checkout page. Nothing is charged unless you click to accept.
6. Payment
Payment is due when you order. Stripe (Stripe Payments Europe, Limited, Ireland) processes it securely. Available payment methods, such as cards, Apple Pay and Google Pay, are shown at checkout. We do not receive or store your full card details.
7. Delivery
Delivery is immediate once payment is confirmed. Download links appear on the confirmation page and are sent to the email address you entered at checkout. The links remain valid for 30 days. Please save your files on your device. If the email has not arrived within 30 minutes, check your spam folder, then write to [email protected]. We will resend your files.
8. Right of withdrawal
Consumers normally have 14 days from the conclusion of a distance contract to withdraw under the Consumer Rights Act 2022. For digital content supplied without a physical medium, the exception in Article 16(m) of Directive 2011/83/EU, as transposed by the Consumer Rights Act 2022, applies only when supply has begun with your prior express consent, you have acknowledged that you will lose your right of withdrawal, and we have provided confirmation of the contract on a durable medium.
Because we supply your files immediately, we ask you to tick a box before payment. It is never pre-ticked. By ticking it, you request immediate supply and expressly acknowledge that you lose your right of withdrawal once supply begins. Your order confirmation email records your consent and acknowledgement and confirms the contract on a durable medium.
If these conditions have not been met, your right of withdrawal remains available. You can withdraw within 14 days of concluding the contract by sending us a clear statement, for example to [email protected], or by using the form below. Any statutory extension of this period also applies. We will refund you within 14 days of receiving your withdrawal notice, using the same payment method unless you expressly agree otherwise. You will not pay a refund fee.
Model withdrawal form (complete and return this only if you wish to withdraw and the right applies):
To Oblivion Capital LLC, 30 N Gould St Ste N, Sheridan, WY 82801, USA, [email protected]:
I hereby give notice that I withdraw from my contract for the supply of the following digital content: ____________
Ordered on: ________ · Order reference: ________
Consumer’s name: ________ · Consumer’s address: ________
Email address used for the purchase: ________
Consumer’s signature (only if sent on paper): ________
Date: ________
UK customers: your right to cancel
If you live in the United Kingdom, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you the right to cancel a distance contract within 14 days. For digital content not supplied on a tangible medium, the cancellation period ends 14 days after the day the contract is concluded. Under regulation 37, you lose this right once supply of the digital content has begun, provided that you gave your express consent to supply beginning during the cancellation period, acknowledged that you would lose your right to cancel, and we made available a confirmation of the contract.
The box at checkout, and on the confirmation page for an additional purchase, records your consent and acknowledgement. It is never pre-ticked. Our order confirmation email, sent immediately, confirms the contract, your consent and your acknowledgement on a durable medium. If these conditions have not been met, you may cancel within 14 days by sending us a clear statement, for example to [email protected], or by using the model form above. We will refund you within 14 days of the day we are informed of your decision, using the same payment method unless you expressly agree otherwise, without any fee.
Losing the right of withdrawal does not affect the commercial guarantee in section 9 or your statutory rights in section 10.
9. Commercial money-back guarantee
Email us within 14 days of your purchase and we will refund you in full, no questions asked.
Oblivion Capital LLC (30 N Gould St Ste N, Sheridan, WY 82801, USA) offers this guarantee free of charge, in addition to your statutory rights. You have 14 days from purchase to request your money back. Write to [email protected] from the email address used for your order, or include your order reference. We will refund the full price of the product concerned to the original payment method within 14 days of your request. This guarantee applies in Ireland and every country where we sell our products. It does not limit or replace your statutory rights under the Consumer Rights Act 2022, including those described in section 10.
10. Statutory rights
We must supply digital content that conforms to the contract under the Consumer Rights Act 2022, which transposes Directive (EU) 2019/770. If a file is damaged, unreadable, incomplete or does not match its description, you are entitled to have it brought into conformity free of charge, within a reasonable time and without significant inconvenience. Write to [email protected] and we will provide a conforming file.
If we cannot bring the content into conformity, fail to do so as required, or another statutory ground applies, you may be entitled to a proportionate price reduction or to terminate the contract and receive a refund. A serious defect may entitle you to these remedies immediately. A refund due under these rights will be made without undue delay and within 14 days, using the original payment method unless you expressly agree otherwise, without a refund fee. Your statutory rights are separate from our commercial money-back guarantee.
UK customers. Under the Consumer Rights Act 2015, digital content must be of satisfactory quality, fit for any particular purpose you made known to us, and as described (sections 34 to 36). If it is not, you are entitled to a repair or replacement free of charge, within a reasonable time and without significant inconvenience (section 43). If a repair or replacement is impossible, or is not completed within a reasonable time and without significant inconvenience, you are entitled to a price reduction, which may be up to the full price (section 44). If digital content we supplied damages your device or other digital content, and this would not have happened had we used reasonable care and skill, we will repair the damage or compensate you (section 46). A refund due under the Act will be made within 14 days of our agreeing that you are entitled to it, using the original payment method, without any fee. Nothing in these terms limits these rights.
11. Licence to use the files
Your purchase gives you a personal, non-exclusive and non-transferable licence to use the files with your family and, if you are a teacher or activity leader, with your class or group. For these uses, you may print the files as often as you like, every year. You may not resell, share or upload the files to social media, websites or sharing groups, distribute them to third parties, or use them commercially. The files remain the intellectual property of Oblivion Capital LLC.
12. Safety and responsibility
The activities are designed for use under adult supervision with everyday materials. Cutting should be done by an adult or with child-safe scissors. Suggested ages and activity times are guides.
13. Personal data
We process the personal data collected during your order as described in our Privacy policy.
14. Customer service and complaints
For questions or complaints, contact [email protected] or +356 77 08 15 09. We usually reply within 2 working days.
15. Help with disputes
You can obtain consumer information and help from the Competition and Consumer Protection Commission. For cross-border purchases, the European Consumer Centre Ireland can explain your rights and the help available within its remit.
UK customers. Free consumer advice is available from Citizens Advice (England and Wales), Advice Direct Scotland (Scotland) and Consumerline (Northern Ireland).
The Irish District Court Small Claims procedure covers eligible claims of up to €2,000 where both parties are based in Ireland. Our seller is based in the United States, so this procedure is not ordinarily available for a claim against us. This does not affect your right to bring court proceedings under section 16.
16. Governing law and courts
These terms are governed by Irish law. Under Article 6 of Rome I Regulation (EC) No 593/2008, this choice does not remove the mandatory protections provided by the law of your country of habitual residence. Under Article 18 of Regulation (EU) No 1215/2012, you may bring proceedings in the courts of the place where you are domiciled. These terms do not restrict that right.
UK customers. If you live in the United Kingdom, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the part of the United Kingdom where you live (England and Wales, Scotland or Northern Ireland). You may bring proceedings in the courts of that part of the United Kingdom.