Terms & Conditions

 

 

 

Terms and conditions of use

1.         Introduction

1.1     These terms and conditions govern your use of our website.

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you register with cherishthememory.co.uk or make a purchase from cherishthememory.co.uk we will ask you to expressly agree to these terms and conditions, before you checkout.

1.4     You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy.

2.         Copyright notice

2.1     Copyright (c) 2015 cherishthememory.co.uk

2.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.         Licence to use website

3.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)      stream audio and video files from our website; if applicable

(e)      use our website services by means of a web browser

          subject to the other provisions of these terms and conditions.

3.2     Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3     You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

3.6     Notwithstanding Section 3.5, you may redistribute our newsletter in electronic form.

3.7     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.         Acceptable use

4.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means

 (f)     violate the directives set out in the robots.txt file for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.         Products

5.1     The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

5.2     We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3     Prices stated on our website may be stated incorrectly, we reserve the right to update our prices at any time.

5.4     The sale and purchase of products through our website will be subject to our terms and conditions, and we will ask you to agree to the terms of this document each time you make a purchase on our website.

5.5     Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

6.         Registration and accounts

6.1     To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

6.2     You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4     You must not use any other person's account to access our website, unless you have that person's express permission to do so.

7.         User IDs and passwords

7.1     If you register for an account with our website, you will be asked to choose a user ID and password.

7.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3     You must keep your password confidential.

7.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

8.         Cancellation and suspension of account

8.1     We may:

(a)     suspend your account;

(b)      cancel your account; and/or

(c)      edit your account details,

          at any time in our sole discretion without notice or explanation.

8.2     You may cancel your account on our website using your account control panel on the website.

9.         Limited warranties

9.1     We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

9.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

9.3     To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

10.      Limitations and exclusions of liability

10.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

13.2    The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)      are subject to Section 13.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

10.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

10.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

10.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.      Breaches of these terms and conditions

11.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

 (a)     temporarily suspend your access to our website;

(b)      permanently prohibit you from accessing our website;

(c)      block computers using your IP address from accessing our website;

(d)      contact any or all your internet service providers and request that they block your access to our website;

 (e)     suspend or delete your account on our website.

11.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

12.      Third party websites

12.1    Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

12.2    We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

12.      Variation

12.1    We may revise these terms and conditions from time to time.

12.2    The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

13.      Assignment

13.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

13.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

14.      Severability

14.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

14.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15.      Third party rights

15.1    These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

15.2    The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

16.      Entire agreement

16.1    Subject to Section 13.1, these terms and conditions, together with [our privacy and cookies policy], constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

17.      Law and jurisdiction

17.1    These terms and conditions shall be governed by and construed in accordance with English law.

17.2    Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of England.

18.      Statutory and regulatory disclosures

18.1    We are registered in nominet.org.uk ; you can find the online version of the register at http://www.nominet.uk/domains

18.2    We are subject to PCI compliance, which is supervised by Elavon & Trustwave

18.3    We subscribe to Elavon & Trustwave code(s) of conduct, which can be consulted electronically at https://www.elavon.co.uk/

 

 

19.      Our details

19.1    This website is owned and operated by Bigcommerce.com

19.2    Our principal place of business is at 53 Houghton Road, Dunstable, Bedfordshire, LU5 5AB

19.3    You can contact us by writing to the business address given above, by using our website contact form, by email to karen@cherishthememory.co.uk or by telephone on 07515 410 493


 

Returns policy

1.         Introduction

1.1     We understand that from time to time you may wish to return a product to us.

1.2     We have created this policy to enable you to return products to us in appropriate circumstances.

1.3     This policy shall apply to all of our customers, irrespective of their geographical location.

1.4     This policy shall apply to all orders submitted through our website.

1.5     This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015). Your right to cancel, if you recieve your goods and decide that you don't want to keep them, you have the right to cancel within 14 days of receiving your goods, under " distance selling" you do not have to provide a reason, the goods must be in the same condtion and in there orginal packaging and we must receive them back within 14 days of your cancellation. We will refund in you in full within 14 days of receiving our goods back. 

 

2.         Returns

2.1     If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:

(a)      we receive the returned product within 30 days following the date of dispatch of the product to you;

(b)      the returned product is unused, in its original unopened packaging, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;

(c)      you comply with the procedure set out in this policy in relation to the return of the product; and

(d)      none of the exclusions set out in this policy apply.

3.         Returns procedure

3.1     In order to take advantage of your rights under this policy, you must contact us at karen@cherishthememroy.co.uk to obtain a return authorisation number, and then send the product to us with a covering note quoting that number

3.2     Products returned under this policy must be returned to cherishthememory, 53 Houghton Road, Dunstable, Bedfordshire. LU5 5AB. We would suggest using a Royal Mail signed for return to ensure that our goods are returned to us.

3.3     You will be responsible for paying postage costs associated with returns under this policy. / We will pay the costs associated with the return of products in accordance with this policy.

4.         Exclusions

4.1     The following kinds of products may not be returned under this policy:

 (f)     [any product made to your specification;]

(a)      any custom product made to order;

(b)      any product personalised or adapted for you;

(c)      gift vouchers;

(d)      Handmade cards, unless faulty;

5.         Refunds

5.1     We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

5.2     We will not refund to you the original delivery charges relating to the returned product.

5.3     We will refund to you your reasonable postage costs incurred returning the product to us.

5.4     We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.5     We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.

6.         Improper returns

6.1     If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)      we will not refund the purchase price or exchange the product;

(b)      we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)      if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

7.         Our details

7.1     This website is owned and operated by Bigcommerce.com

7.2     Our principal place of business is at 53 Houghton Road, Dunstable, Bedfordshire. LU5 5AB.

7.3     You can contact us by writing to the address given above, by using our website contact form, by telephone on 07515 410 493 or by email to karen@cherishthememory.co.uk

 


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