Terms and Conditions

TERMS OF SERVICE

PLEASE READ ALL THESE TERMS AND CONDITIONS CAREFULLY

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please contact us on info@forevercherishedgifts.com.

 

SECTION 1 – TERMS AND CONDITIONS

  1. This website and any mobile application (collectively, this "Site") is owned by Forever Cherished Gifts ("We", "Us", "Our" or "Forever Cherished Gifts"). We are providing you with access to this Site and our online store, including all information, tools and services available from this site (together, our "Services") subject to the following terms and conditions.

  2. By browsing, accessing, using, registering for, subscribing to, or purchasing goods on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies and notices referred to herein and/or available by hyperlink (collectively, these "Terms"). So, please read these Terms carefully.

  3. We reserve the right to change and/or update this Site and these Terms at any time. Any new features or tools which are added to this website shall also be subject to the Terms of Service. It is your responsibility to check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for, subscribing to, or purchase goods from the Site.

  4. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

 

SECTION 2 – INTERPRETATION

  1. For the purposes of these Terms and Conditions:

  • Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

  • Contract means the legally-binding agreement between you and us for the supply of Goods;

  • Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

 

  • Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a person that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.

  • Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the order;

  • Order means the Customer’s order for the Goods from the supplier as submitted following the step by step process set out on the Website;

  • Privacy Policy means the terms in which set out how we will deal with confidential and personal information received from you via the Website;

  • Website means our website www.forevercherishedgifts.com on which the Goods are advertised.

  • ‘Data Protection Laws’ means any applicable law relating to the processing of Personal data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

  • ‘GDPR’ means the General Data Protections Regulations (EU) 2016/679.

  • ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

 

SECTION 3 – USE OF THIS SITE

  1. Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include:

  1. any resale or commercial use of this Site or content therein;

  2. the modifying, copying, distribution, transmitting, displaying, reproduction, publishing, licencing, transferring or selling any information obtained;

  3. the collection and use of any product listings or descriptions;

  4. making derivative uses of this Site and its contents;

  5. using material which is harmful in nature including, and without limitation to computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or

  6. use of any data mining, robots, or similar data gathering and extraction methods on this Site.

  1. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.

  2. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.

  3. A breach or violation of any of the Terms will result in an immediate termination of your Services.

  4. All reasonable measures are taken by us to ensure that the information available on our website is accurate as possible and our website remains operational. We do not warrant that product descriptions and website content is accurate, free of errors, complete or current. If any product ordered from Forever Cherished Gifts that you receive isn’t described as shown on our website, it can be returned – unused – as described in our returns policy. Occasionally technical issues may result in some downtime and accordingly we will not be liable if our website is unavailable at any time. Advanced warning will be given where possible of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

 

SECTION 4 – ACCOUNT

  1. In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information.

 

  1. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.

 

  1. You shall immediately notify Us of any unauthorised use of your password or identification or any other breach or threatened breach of this Site's security.

 

  1. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorisation or source of any such access or use of this Site.



 

  1. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

 

SECTION 5 – ELECTRONIC COMMUNICATION

  1. When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

 

SECTION 6 – USER CONTENT

  1. This Site may include features and functionality ("Interactive Features") that allows users to create, post, transmit or store any content, such as text, photos, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase.

 

  1. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

  • User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

  • User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;

  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;

  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;

  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and

  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

 

SECTION 7 – RIGHTS IN USER CONTENT

  1. Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you.

 

  1. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that:

 

  1. such User Content is non-confidential;

  2. you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms;

  3. the User Content is accurate and not misleading or harmful in any manner; and

  4. the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

 

SECTION 8 – FEEDBACK

  1. Separate and apart from User Content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property.

 

  1. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

SECTION 9 – RESTRICTIONS ON RIGHTS TO USE

  1. You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;

  • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;

  • collect any information about other users (including but not  limited to usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;

  • reformat or frame any portion of any Web pages that are part of this Site;

  • create user accounts by automated means or under false or fraudulent pretences;

  • create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site;

  • submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;

  • transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;

  • use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

  • submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;

  • copy or store any User Content offered on this Site other than for your personal, non-commercial use;

  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or

  • use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

  1. We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.




 

SECTION 10 – OWNERSHIP

  1. As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws.

 

  1. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited.

  2. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion.

  3. You may not use our trademarks or service marks in any manner that disparages or discredits us.

 

  1. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

  2. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.

 

SECTION 11 – PURCHASE OF ALCOHOL

  1. Alcohol Goods sold on this website will be shipped by a third party company who is fully licensed to sell alcohol.

  2. Goods containing alcohol can only be ordered by and delivered to persons aged 18 and over. By ordering you are confirming that you are over the age of 18.

  3. Goods containing alcohol can only be received by a person over the age of 18 at the delivery address. Courier drivers or postman can request proof of I.D or refuse to deliver if proof of age is withheld when requested.

  4. Upon purchase of age restricted goods (including but not limited to: knives, alcohol, electronic cigarettes) you agree to the terms and conditions of this website and confirm that you are at least 18 years of age. We reserve the right to cancel the order if proof of age cannot be provided upon request. 

 

SECTION 12 – PERSONALISATION

  1. You are responsible for checking your personalisation as your order will be created with what you have entered online. Any issues as a result from your failure to do so cannot be guaranteed to be resolved in the production process.

  2. We cannot accept cancellations or returns for Personalised or bespoke items as stated in in our Cancellations and Returns policies unless there has been an error on our part or the Goods are defective.

 

SECTION 13 – GOODS

  1. The description of the Goods is as set out in our website, catalogues, brochures or any other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size, and colour of the Goods supplied. We cannot guarantee that the colours and style will be of an exact likeness as seen or described due to product variability and variances on our Customers monitor’s display. Additionally some Goods incorporate natural materials such as wood and leather which may also vary slightly from the images portrayed on the website.

  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

  3. All Goods which appear on our Website are subject to availability.

 

SECTION 14 – SERVICE

  1. We reserve the right, but are not obligated, to limit the sales of our Goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Goods and/or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

  1. We take all reasonable steps to make sure that the information on our website is up to date and accurate at all times, we do not guarantee that all material is accurate and, or up to date.

  2. All material contained on this website is provided without any warranty of any kind. You use the material on this website at your own discretion.

 

  1. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

 

 

SECTION 15 – PRICE AND PAYMENT

  1. You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us.

 

  1. We must receive payment of the whole of the price for the Goods that you order before your order can be accepted. Payments can be made using a wide selection of credit and debit cards. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address that you provided in your order details. Our acceptance of your order bring into existence a legally binding contract between us.

  2. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.

 

  1. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.

 

  1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

 

  1. You undertake that all details you provide for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the costs of the products you are purchasing. Upon payment, your credit/debit card details will be transmitted via the web to a secure server. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.

  2. If your credit card details are incorrect or there is not enough money in your account or for any other reason the order cannot be processed, Forever Cherished Gifts reserve the right to rescind and upon their election to do so, the order will be cancelled.

  3. Prices and charges include VAT at the rate applicable at the time of the Order.

  4. All items listed on the website include free standard delivery. Alternative delivery options are available and can be purchased for an additional charge. Delivery times and costs are detailed on our website.

  5. Any goods purchased through third party links are subject to their terms and conditions. We have no liability or responsibility for purchases made within these sites.

  6. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

  1. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

 

  1. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

 

SECTION 16 - ORDERS

  1. By placing an order, you are making an offer to purchase the Goods detailed within that order, which you have specified in your shopping basket. All orders are subject to acceptance by Forever Cherished Gifts which we may or may not accept at our sole discretion and will be processed in accordance with clause 14.4. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

  2. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

  3. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

  4. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

 

  1. You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  2. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

  3. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

 

SECTION 17 – WITHDRAWAL AND CANCELLATION

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

  2. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 7 calendar days from the day the contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return the goods to the returns address that we will provide in undamaged condition and original packaging at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance. This does not affect your rights when the reason for the cancellation is any defective Goods. This returns Right is different and separate from the Cancellation Rights below.

 

  1. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

  1. A newspaper, periodical or magazine except subscription contracts for the supply of them;

  2. Goods that are made to your specifications or are clearly personalised;

  3. Goods which are liable to deteriorate or expire rapidly.

  1. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

  1. In the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reason, If they become unsealed after delivery.

  2. In the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

SECTION 18 - RIGHT TO CANCEL

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 7 days without giving any reason.

  2. The Cancellation period will expire after 7 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.

 

  1. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

  2. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.

  3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

  1. As set out in these terms and conditions you do not have the right to cancel Personalised or bespoke Goods. You can make a request to amend or cancel your order using the model cancellation form or by contacting us as quickly as possible. We cannot guarantee that we will be able to amend order details or cancel your order, but will make every effort to make your request successful subject to whether the Goods have gone into production. We do not work weekends or bank holidays, therefore if you have made a request to amend or cancel your order during this period we will pick up your request when we start the next working day, and will always try to notify you that day if your request was successful.

 

SECTION 19 – DEDUCTION FOR GOODS SUPPLIED

  1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functionality of the Goods: (e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

 

 

 

 

 

 

SECTION 20– TIMING OF REIMBURSEMENT

  1. If we have not offered to collect the Goods, we will make the reimbursement  without undue delay, and not later than:

  1. 14 days after the day we receive back from you any Goods supplied, or

  2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

 

  1. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.

  2. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur fees as a result of the reimbursement.

 

SECTION 21– RETURN OF GOODS

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to the returns address provided without delay and in any event not later than 14 days from the day on which you communicated to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

 

  1. For the purpose of these Cancellation Rights, these words have the following meanings:

  1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service. Provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

 

  1. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays are agrees to pay the price, including any contract that has both goods and services as its object.  

  1. Subject to clause 13.1 you may, at your own expense, return Goods delivered by us providing you notify us of your wish to return Goods within 7 days of the delivery of the Goods.

 

 

 

  1. You shall not be entitled to return Goods which:

  • Are perishable; or

  • Have been personalised.

  1. To return Goods, simply email us using the model returns form. If the Goods are returnable as stated in these terms and conditions, we will issue you with a returns address and a Returns Authorisation Code. You must obtain a Returns Authorisation Code before sending anything back or we will not otherwise be able to process your Return.

  2. We cannot be held responsible for packages lost in transit: as you are responsible for returning the items to us, we recommend sending the packages by Recorded/Special delivery.

  3. Some Goods come with a manufacturer’s guarantee. For detail of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.

  4. For Goods returned to us in accordance with these terms and conditions, a refund or replacement will be processed by us within 14 working days of receipt of the returned Goods. A refund will be made in the same form of payment that was used to make the initial purchase. If you would like a Replacement, this will be to your original product specification (e.g. Gift Box) as detailed on your original order and will be sent via the same delivery method. If you wish to upgrade your delivery method for the replacement item, the difference in cost for this upgrade must be paid to Forever Cherished Gifts.

  5. If the Goods have not been delivered within the timescale stated at despatch we will require confirmation that the sorting office or local depot has been checked before a replacement is sent out. If tracking information has been provided for your order it is your responsibility to check the status of delivery and follow any advice left by the delivery service on this tracking information.

 

SECTION 22– DELIVERY OF GOODS

  1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.

  2. Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for costs incurred due to failed or delayed deliveries.

  3. We will not be responsible for delays in the delivery caused by any third party.

  4. In any case, regardless of events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

  1. We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

  2. After we have failed to deliver on time you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

  1. If you treat the Contact at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

 

  1. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

 

  1. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

  2. We do not deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands.

 

  1. Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.

  2. You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

  3. Orders containing multiple Goods may be delivered separately. This is to ensure we can offer you the best possible service and range of goods. In such events, where you have opted for a paid delivery service, you will only be charged once.

 

  1. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

 

  1. In the event that we reproduce Goods for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100% of the price of the reproduced Goods.

 

  1. We reserve the right to wait up to 10 working days from the date of despatch before taking further action regarding an undelivered item.

  2. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

SECTION 23 – RISK AND TITLE

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them

 

SECTION 24 - CONFORMITY

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

  2. Upon delivery, the Goods will:

  1. Be of satisfactory quality;

  2. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and

  3. Conform to their description.

 

  1. It is not a failure to conform if the failure has its origin in your material.

 

SECTION 25 - SUSCESSORS AND OUR SUB-CONTRACTORS

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

SECTION 26 – CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY

  1. In the event of any failure by a party because of something beyond its reasonable control:

  1. The party will advise the other party as soon as reasonably practicable; and

  2. The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.

 

 

 

SECTION 27 – INVALIDITY

  1. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

SECTION 28 - THIRD-PARTIES

  1. This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.

 

  1. Except for our affiliates, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Right of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

  1. Certain content, goods and services available on our Site may include materials from third-parties.

  2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

  3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

  1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

  1. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

  2. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

  1. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 29 –PERSONAL INFORMATION

  1. Our Privacy Policy, which also governs your visit to Our Site, can be found here. Please review our Privacy Policy for information on how We collect, use and share information about our users.

  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

SECTION 30 – PRIVACY

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation (GDPR) with regard to your personal information.

  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.

  3. We are a Data Controller of the Personal Data we Process in providing Goods to you.

  4. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

  1. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

  2. We will only Process Personal Data for the purposes identified;

  3. We will respect your rights in relation to your Personal Data; and

  4. We will implement technical and organisational measures to endure your Personal Data is secure.

  1. For any enquiries or complaints regarding data privacy, you can contact us at the following email address:info@forevercherishedgifts.com.

 

SECTION 31 – TERMINATION

  1. You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.

 

 

 

 

SECTION 32 – INDEMNIFICATION

  1. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to:

  1. your access to and use or misuse of this Site;

  2. any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site;

  3. any Feedback that you provide;

  4. your violation of these Terms; and

  5. Your violation of any rights of another.

 

  1. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defence or settlement of any third party Claims.

 

SECTION 33– DISCLAIMERS

  1. Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied.

 

  1. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS:

 

  1. OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND

 

  1. CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

  1. We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

 

SECTION 34 – EXCLUSIVITY OF REMEDY; LIMITATION OF LIABILITY

  1. Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies.

 

 

  1. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

 

SECTION 35 – EXCLUDING LIABILITY

  1. Our; liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website whether arising in tort, contract or otherwise.

  2. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft, or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

 

SECTION 36 – LAW, JURISDICTION AND COMPLAINTS

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland and Northern Ireland.

  3. We try to avoid any dispute, so we deal with complaints in the following way:

  1. Email info.forevercherishedgifts.com with details of your dispute.

  2. We will aim to respond with an appropriate solution within 8 days.

  3. We will send you an email acknowledgement receipt of your complaint within 48 hours of receiving it, enclosing a copy of this procedure.

  4. We will then investigate your complaint.

  5. We will email you a written reply to your complaint, including our suggestions for resolving the matter, within 6 days of sending you the acknowledgement letter.

 

  1. If you are not satisfied with our response or wish to raise the matter more formally, please write to us. All written complaints will be logged. You will receive a written acknowledge within three working dates. The aim is to investigate your complaint properly and give you a reply within ten working days setting out how the problem will be dealt with. If this is not possible, an Interim response will be made informing you of the action taken to date or being considered. Please let us know if you are happy with our services.

 

Please refer to our Complaints Procedure for further information.

 

SECTION 37 – WAIVER

  1. No waiver by us shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions of Sale.

 

SECTION 38 – ENTIRE AGREEMENT

  1. These terms and conditions, together with any policies or operating rules posted by us on this site or in respect to The Service, set out the whole of the agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you as us (including, but not limited to, any prior versions of the Terms of Service).

  2. Any ambiguities in the interpretation of these terms of Service Shall not be construed against the drafting party.

  3. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature r quality of any goods offered for sale by us. You confirm that you do not rely on, and waive any claims for breach of, any such representations, which are not so confirmed. We shall have no liability for any such representation being untrue or misleading.

 

SECTION 39 – REMEDIES

  1. You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

 

SECTION 40 – MODIFICATIONS TO SITE

  1. We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

 

SECTION 41 – SEVERABILITY

  1. If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

 

SECTION 42 – NO THIRD-PARTY BENEFICIARIES

  1. These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

 

SECTION 43 – MISCELANEOUS

  1. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever.

  2. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site.

  3. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

  4. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent.

  5. These Terms include and incorporate by reference Our Privacy Policy and any notices regarding the Site.

 

SECTION 44 – QUESTIONS

  1. Questions regarding these Terms, Our Privacy Policy, or other policy related material can be emailed to us at: info.forevercherishedgifts.com

 

 

 

SECTION 45 – CANCELLATION AND RETURNS MODEL FORM

  1. The model forms below are provided to assist in initiating the Cancellation and Returns process. Whilst we ask that you include all information as per requested on these forms, you are not obliged to use these forms to submit your request:

 

MODEL CANCELLATION FORM

To

Forever Cherished Gifts

PO Box 260

Benfleet

SS7 9EZ

 

Email address: info@forevercherishedgifts.com

 

Order Number: _________________________

I hereby give notice that I cancel my contract of sale of the following Goods for the supply of the following service:

Goods to be cancelled: ____________________________________________________________

 Quantity: ______ Reason: _________________________________________________________

 Ordered on/received on [*]:_______________        

Name of Consumer(s): ____________________________________________________________

Address of consumer(s): ___________________________________________________________

Contact number of consumer(s): _____________________________

 

 

Signature of consumer(s) (only if this form is notified on paper)

 

 

Date signed

[*] Delete as appropriate.

 

 

 

 

 

MODEL RETURNS FORM

To

Forever Cherished Gifts

PO Box 260

Benfleet

SS7 9EZ

 

Email address: info@forevercherishedgifts.com

 

Please complete the following sections in order to submit your Returns request. Upon receipt we will send you a Returns Authorisation Number along with the returns address and any additional instructions.

Where Goods are returned due to our error or the Goods are defective, please attach a photo evidencing the defects.

Order Number: _________________________

Goods to be returned: _____________________________________________________________

 Quantity: ______ Reason: _________________________________________________________

 Received on: _______________        

Request for Replacement [*]                                                Request for Refund [*]

Name of Consumer(s): ____________________________________________________________

Address of consumer(s): ___________________________________________________________

Contact number of consumer(s): _____________________________

 

 

Signature of consumer(s) (only if this form is notified on paper)

 

 

Date signed

[*] Please tick relevant box.

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