Tel: 01444 230397


Terms And Conditions Of Use

Terms and conditions

These terms and conditions are the contract between you (Anyone who uses Our Website) and Memorable Mascots (“us”, “we”, etc).

By visiting or using Our Website, you agree to be bound by them. Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately

Written using a template from www.netlawman.co.uk  To protect your rights as well as ours.

Interpretation

In this agreement unless the context otherwise requires:

a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

any obligation of any person arising from this agreement may be performed by any other person;

in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed

the headings to the paragraphs to this agreement do not affect the interpretation;

a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party

these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

this agreement is made only in the English language. If there is any conflict in meaning in translation of this agreement in any other language, the English language version shall prevail.

Our contract with you

Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

Acceptance of your order

Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made.

If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may: accept the alternatives we offer; cancel all or part of your order.

Price and payment

The price payable for the Goods that you order is clearly set out on Our Website. The price of Goods may be changed by us at any time.

If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

The price of the Goods does not include the delivery charge.

Security of your credit card

Card payments are not processed through pages controlled by us. All payments are redirected to PayPal, a secure online payment service provider.

Cancellation and refunds

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.

If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.

If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.

We will return your money subject to the following conditions: we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact and you comply with our procedure for returns and refunds.

You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.

Liability for subsequent defects

Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.

The procedure to return the faulty Goods is as follows: the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.

We will return your money subject to the following conditions:

you comply with our returns procedure. We cannot return your money unless we know who sent them.

you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.

If any defect is found, then we shall: repair or replace the Goods or refund the full cost you have paid including the cost of returning the Goods.

Delivery and pick up

Goods are delivered within 30 days from the day you place an order to purchase the Goods.

Deliveries will be made by the Carrier to the address stipulated in your order.

All Goods must be signed for on delivery by an adult aged 18 years or over. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us.

Signing "Unchecked", "Not Checked" or similar is not acceptable.

Goods are sent by post or courier.

We are a mail order company and it is not possible for any collection of goods to be made from our premises.

Foreign taxes and duties

You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Goods returned

You must tell us by email message to info@memorablemascots.com  that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return.

Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.

In returning faulty Goods please encloses with it a note clearly stating the fault and when it arose.

If we agree that the Goods are faulty, we will: refund the cost of return carriage or repair or replace the Goods as we choose.

If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

Disclaimers

All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

We make no representation or warranty for:

any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

the adequacy or appropriateness of the Goods for your purpose.

We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.

If you become aware of any breach of any term of this agreement by any person, please tell us by email to info@memorablemascots.com  We welcome your input but do not guarantee to agree with your judgement.

Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website

link to Our Website in any way that would cause the appearance or presentation of the site to be different

download any part of Our Website, without our express written consent; collect or use any product listings, descriptions, or prices; collect or use any information obtained from or about Our Website or the Content

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: your failure to comply with the law of any country; your breach of this agreement;  any act, neglect or default by any agent, employee, licensee or customer of yours; a contractual claim arising from your use of the Goods;  a breach of the intellectual property rights of any person.  

Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

Dispute resolution

If you are not happy with our services or have any complaint then you must tell us by email message to info@memorablemascots.com

If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration following the regulations at http://ec.europa.eu/consumers/odr/. 

Miscellaneous matters

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

Where we provide goods free of charge, there is neither contractual nor other obligation upon us in respect of those goods.

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

Any communication to be served on either party by the other shall be sent by first class recorded delivery.

This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.

Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control

In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.  

Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before we have delivered Goods to you.

How to cancel

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

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail. Use your own words as long as your intention is clear.

 

 

 

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Email: info@memorablemascots.com   Tel: 01444 230397

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