Memento Jewellery is an online trading division of AD Consultants Ltd, a company registered in England and Wales, registration number 6295003, whose registered office and trading address is 5 Bank Street, Ossett, WF5 8PS and whose bricks and mortar retail division is Alicia Mai. AD Consultants Ltd is registered for VAT, number 972740108.
You can contact us by post at our trading address above, by email at firstname.lastname@example.org, or by telephone 01924 650337.
If we have to contact you, we will do so by telephone or in writing using the contact details you provide to us in your order / correspondence. For the avoidance of doubt, the words ‘writing’ or ‘written’ in these Terms and Conditions includes emails.
This website is operated by AD Consultants Ltd trading as Memento Jewellery, where “we”, “us” and “our” refers to Memento Jewellery. Memento Jewellery offers this website, including all information, tools and services available from this site to you, the user, upon your conditional acceptance of, and compliance with, all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any features or tools which are subsequently added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
By agreeing to these Terms of Service, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that we cannot accept any liability for loss or damage arising out of such cancellation.
We also reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ACCURACY AND COMPLETENESS
Whilst every reasonable effort is made to ensure that all graphical representations and descriptions of goods available from us correspond to the actual goods, we are not responsible for variations from such descriptions. All measurements given are approximate and for reference only. The nature of handcrafted and engraved Jewellery means that each individual piece is unique and images shown on the website are examples only. This does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not different goods altogether.
When you supply fingerprint impressions, artwork, recordings, paw-prints or other items for us to use in your custom order, you acknowledge that you are responsible for their selection and suitability for use. We cannot be held responsible for the quality or suitability of what you provide to us.
Where appropriate, you may be required to select the required size, model, colour, number and/or other features of the goods that you are purchasing. We neither represent nor warrant that such goods will be available, nor do we 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. Stock indications are not provided on the website.
We reserve the right to change prices and alter or remove any products and/or special offers from time to time and as necessary. All pricing information is regularly reviewed and updated. In the event that prices are changed during the period between an order being placed for goods and us processing that order and taking payment, the price when ordering applies.
All prices on the website include VAT at the prevailing rate.
No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between Memento Jewellery and you.
Within 24 hours of your order being dispatched, you will receive a shipment email. If you have not received your parcel within 7 working days from dispatch, please contact us and we will provide tracking information for the parcel. If your parcel has not arrived within 14 days, please contact your local sorting office to check that it isn’t awaiting collection (even if a card has not been left) as we cannot be held responsible for delivery failure. If your parcel is returned to us as undelivered, a delivery charge of £6.95 will be charged to re-post. Please note that in the unlikely event of a missing parcel, we cannot offer a re-make or refund until the parcel has been officially classed as missing by the carrier which is currently 30 days from posting.
All goods are considered delivered to the customer on receipt of a signature provided by the carrier. Memento Jewellery will not be responsible for any dispute over the signature provided by the carrier and the customer. All deliveries will require a signature upon delivery.
Order confirmations shall contain the following information:
- Confirmation of the goods ordered including full details of the main characteristics of those goods;
- Fully itemised pricing for the goods ordered including, where appropriate, taxes, delivery and other additional charges;
- Estimated dispatch time(s);
If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days. The risk in the goods shall remain with us until they come into your physical possession.
Please note that we are unable to deliver to any PO box address.
Please refer to our RETURNS AND CANCELLATION INFORMATION (hyperlink). You must read our Returns information before you use the Service and you agree that they constitute part of these terms.
CANCELLATION AND COOLING OFF
Please refer to our RETURNS AND CANCELLATION INFORMATION (hyperlink). You must read our Cancellation and Cooling Off information before you use the Service, and you agree that they constitute part of these terms.
Please refer to our GUARANTEE INFORMATION (hyperlink). You must read our Guarantee information before you use the Service and you agree that they constitute part of these terms.
You can order and pay for gift cards from us which will be accepted in the same manner as a product order under these Terms. However, certain special terms will also apply to gift cards.
Gift cards can be purchased with a minimum value of £25 and a maximum value of £500. Gift cards cannot be exchanged for cash. Gift cards must not be re-sold. You should protect your gift card and treat it as cash as we will not be liable for any loss or theft of, or damage to, your gift card and will not replace lost, stolen or damaged gift cards.
A gift card may only be redeemed and use for the purchase of products on our Site during the period of twelve (12) months from the date of issue of the gift card.
A gift card may only be redeemed and used in payment or part-payment of the purchase of Memento products on our Site or in person at our retail division Alicia Mai. You may redeem multiple gift cards in the same transaction. If the value of your gift card exceeds the transaction value then we will not issue you with any refund or change but you may apply the balance of your gift card to subsequent purchases during the redemption period.
You acknowledge that by placing an order for a gift card you are instructing us to provide a service (i.e. issuing a gift card) which will be completed within the period during which you might otherwise be entitled to cancel under applicable consumer law. You will not be entitled to cancel your order for any gift card once we have issued that gift card.
If any order for products made using a gift card is terminated or cancelled in circumstances which would entitle the buyer to a refund, then we will issue any portion of that refund which was originally paid for using a gift card by issuing a further gift card or some form of electronic voucher which in each case shall be redeemable only against the purchase of products on our Site.
We may (acting reasonably) amend our terms relating to gift cards (for example, by limiting the product ranges against which they are capable of redemption) at any time. We suggest reviewing these terms prior to placing any order using a gift card.
We may discontinue and refuse to redeem any gift card if we have reason to believe that it has been ordered or used for fraudulent or unlawful purposes (for example, to assist in money laundering).
If goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and that we cannot guarantee that the packaging of your goods will be free of signs of tampering. Please also be aware that the United Kingdom consumer protection laws may not apply.
The Service and its original content, features and functionality are and will remain the exclusive property of Memento Jewellery and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom. Our trademarks may not be used in connection with any product or service without the prior written consent of Memento Jewellery.
You agree to defend, indemnify and hold harmless Memento Jewellery and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall Memento Jewellery, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Memento Jewellery ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Memento Jewellery or any person for whom Memento Jewellery is responsible, and even if Memento Jewellery has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these terms and conditions, please contact us.
Governed by; Consumer Rights Act, 1st October 2015