Policies



TERMS AND CONDITIONS

(Version 1.0, April 2016)
This page (together with our Privacy Policy and Website Terms of Use) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) and supply any of the Services (Services) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products and supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or Services from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products/Services from our site.

You should print a copy of these Terms (or save them to your computer) for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products/Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were prepared on 28 April 2016 and have not been updated since this date.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US
1.1 We operate the website www.mementosmemorabilia.com. The business is operated by David Morgan trading as Mementos Memorabilia. Our main trading address is 47 Innage Road, Northfield, Birmingham, B31 2DY. We are not currently VAT registered.
1.2 Contacting us if you are a consumer:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form at the end of the Terms . A link to the website cancellation form will be included in our Dispatch Confirmation (the e-mail we send to you to confirm our acceptance of your order). If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at mementosmemorabilia@gmail.com or contact our Customer Services team by telephone on 07733 232714 or by post to 47 Innage Road, Northfield, Birmingham, B31 2DY. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at mementosmemorabilia@gmail.com or by telephoning our customer service team at 07733 232714..
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by e-mailing us at mementosmemorabilia@gmail.com or by telephoning our customer service team at 07733 232714. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
2. OUR PRODUCTS AND OUR SERVICES
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our Products are unique all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 We check the Products on our site carefully to ensure they are authentic. Where available, we will provide you with a certificate of authenticity in relation to your Product. In the unlikely event that , you have concerns regarding the authenticity of the Product you have purchased, please contact us immediately by e-mailing us at mementosmemorabilia@gmail.com or by telephoning our customer service team at 07733 232714 in order to explain your concerns. We will determine, at our absolute discretion, the best way to handle any such concerns. In any such instances our liability will be limited to refunding the cost of the Product purchased by you, together with any delivery costs you have incurred, following the return by you, to us, of the Product in question.
2.4 If we are providing Services which involve making a Product to measurements you have given us you are responsible for ensuring that these measurements are correct.
2.5 Where we are providing Services to you (such as framing services or carrying out a search on your behalf to find specific memorabilia products) we will begin the Services on the date we accept your order. The estimated completion date for the Services is as told to you during the order process.
2.6 We may need certain information from you so that we can supply the Products and/or Services to you, for example, the type of memorabilia item you wish us to search for on your behalf. If so, this will have been stated in the description of the Products and/or Services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products and/or Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
3. USE OF OUR SITE
Your use of our site is governed by our Website Terms of Use. Please take the time to read this document, as it includes important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products/Services from our site if you are at least 18 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products/Services.
6.2 These Terms, our Privacy Policy and our Website Terms of Use constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, our Privacy Policy or our Website Terms of Use.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order carefully at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or that we have commenced supply of the Services (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product/Service, for example because that Product is not in stock, no longer available, because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products/Services, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products/Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
8.3.1 changes in relevant laws and regulatory requirements; and
8.3.2 any changes in the way we sell or Products or conduct business.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products/Services or just the Products/Services you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or that you do not wish to receive supply of the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
9.2.1 any Products we have customised or created to your personal specification or requirements.
9.2.2 any Products which become mixed inseparably with other items after their delivery (for example you laminate a poster purchased from us).
9.2.3 for any Services, once these have been completed, even if the cancellation period is still running.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:


Your Contract

End of the cancellation period

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January you may cancel in respect of all of the separate Products at any time between 1 January and the end of the day on 29 January.

If your Contract is for the supply of Services.

You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if this period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form at the end of these Terms and on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
9.5 You can also e-mail us at mementosmemorabilia@gmail.com or contact our Customer Services team by telephone on 07733 232714 or by post to 47 Innage Road, Northfield, Birmingham, B31 2DY. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.6 If you cancel your Contract we will:
9.6.1 refund you the price you paid for the Products and/or Services (unless we have started to supply the Services, in which case we will only refund that portion of the price which relates to Services we have not yet completed. If we have completed supply of the Services, you will not receive a refund). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
9.6.3.1 if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
9.6.3.2 if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
9.7 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. If you believe the Services have not been performed properly, we will liaise with you to determine why the Services have not been performed properly, and re-perform the Services to your satisfaction at no further cost to you. If you are not satisfied, we will provide you with a refund in respect of the Services.
9.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.9 If a Product has been delivered to you before you decide to cancel your Contract:
9.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see the invoice supplied with the Product for details of how to return the Product;
9.9.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Product to us.
9.10 As you are a consumer, we are under a legal duty to supply Products and Services that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described or the Services are not properly performed. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. DELIVERY
10.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
10.2 If no one is available at your address to take delivery, a note will be left by the delivery carrier, in which case, please follow the directions on that note to rearrange delivery.
10.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.5 only applies if you are a consumer.

10.5 If we miss the 30 day delivery deadline for any Products and/or Services then you may cancel your Order straight away if any of the following apply:
10.5.1 we have refused to deliver the Products and/or supply the Services;
10.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under clause 10.6 or clause 10.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. NO INTERNATIONAL DELIVERY
Unfortunately, we do not delivery to addresses outside the UK. You may place an order for Products from outside the UK, but please contact us directly by email mementosmemorabilia@gmail.com to discuss this with us to determine if we are able to deliver to your location.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products and/or Services will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products and/or Services are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) and/or Services you ordered.
12.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product and/or Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.5 Our site contains a large number of Products and Services. It is always possible that, despite our best efforts, some of the Products and Services on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.5.1 where the Product's or Service's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products/Services to you; and
12.5.2 if the Product's or Service's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product/Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product/Service and refund you any sums you have paid.
13. HOW TO PAY
13.1 You can only pay for Products using the PAYPAL link, however debit and credit cards can be used at this point to complete a transaction
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. PRODUCT AUTHENCITY​
14.1 We guarantee that on delivery the Products shall be free from material defects. If a Product is found to be defective, we will refund the price you have paid for the Product in accordance with clause 9.
14.2 We check the Products on our site carefully to ensure they are authentic. Where available, we will provide you with a certificate of authenticity in respect of the Product you have purchased. In the unlikely event that you have concerns regarding the authenticity of the Product you have purchased, please contact us immediately by e-mailing us at mementosmemorabilia@gmail.com or by telephoning our customer service team at 07733 232714 in order to explain your concerns. We will determine, at our absolute discretion, the best way to handle any such concerns. In any such instances our liability will be limited to refunding the cost of the Product purchased by you, together with any delivery costs you have incurred, following the return by you, to us, of the Product in question in accordance with clause 9.
14.3 If you are a consumer, our guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 17 only applies if you are a business customer.

15.1 Nothing in these Terms limits or excludes our liability for:
15.1.1 death or personal injury caused by our negligence;
15.1.2 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.1.3 defective products under the Consumer Protection Act 1987.
15.2 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.2.1 any loss of profits, sales, business, or revenue;
15.2.2 loss or corruption of data, information or software;
15.2.3 loss of business opportunity;
15.2.4 loss of anticipated savings;
15.2.5 loss of goodwill; or
15.2.6 any indirect or consequential loss.
15.3 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products you have purchased pursuant to the Contract.
15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.

16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 We only supply the Products for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.3 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
16.3.4 defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If you are a consumer you may contact us as described in clause 1.2.
18.3 If you are a business:
18.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
18.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
18.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
End

Schedule 1
Model Cancellation Form


(Complete and return this form only if you wish to withdraw from the contract)



To: ​David Morgan trading as Mememtos Memorabilia
Address: 47 Innage Road, Northfield, Birmingham, B31 2DY
Email: mementosmemorabilia@gmail.com
Customer Services Number: 07733 232714


I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods []/for the supply of the following service [*],



Ordered on []/received on [],



Name of consumer(s),



Address of consumer(s),



Signature of consumer(s) (only if this form is notified on paper, not via email),



Date





[*] Delete as appropriate

© Crown copyright 2013.

12

Complete this form only if you wish to cancel your order

Enter your Name
Order Number can be found on the invoice we sent to you
This can be found on the invoice we sent you
Please tick the box of the appropriate statement

Mementos Memorabilia
Website Terms of Use
Version 1.0 - April 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. ​Terms of website use
1.1 These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.mementosmemorabilia.com (our site). Use of our site includes accessing or browsing to use our site.
1.2 Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of these terms for future reference.
1.3 By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.
2. Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site and our Privacy and Cookie Policy, which set out the terms on which we process any personal data we collect from you, or that you provide to us and information about cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
3. Information about us
www.mementosmemorabilia.com is a site operated by David Morgan trading as Mementos Memorabilia ("We"). We are a sole trader and our trading address is 47 Innage Road, Northfield, Birmingham, B31 2DY.
4. Changes to these terms
4.1​We may revise these terms of use at any time by amending this page.
4.2​Please check this page from time to time to take notice of any changes we made, as ​they are binding on you.
5. Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
6. Accessing our site
6.1​Our site is made available free of charge.
6.2​We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
6.3​You are responsible for making all arrangements necessary for you to have access to ​our site.
6.4​You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
7. Your account and password
7.1​If you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.2​We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7.3​If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at mementosmemorabilia@gmail.com.
8. Acceptable use of our site
8.1​You may use our site only for lawful purposes. You may not use our site:
​8.1.1​In any way that breaches any applicable local, national or international law or regulation.
​8.1.2​In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
​8.1.3​for the purpose of harming or attempting to harm minors in any way.
​8.1.4​to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
​8.1.5​to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
8.2​You also agree not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
8.3​We may from time to time provide interactive services on our site, including, without limitation chat rooms, display galleries, discussion forums and bulletin boards (interactive services).
8.4​Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
8.5​We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
8.6​The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
8.7​Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8.8​These following content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
8.8.1​Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
8.8.2​Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
8.9​We will determine, in our absolute discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
8.10​Failure to comply with this acceptable use policy constitutes a material breach of these terms, and may result in our taking all or any of the following actions:
8.10.1​Immediate, temporary or permanent withdrawal of your right to use ​our site.
8.10.2​Immediate, temporary or permanent removal of any posting or ​material uploaded by you to our site.
8.10.3​Issue of a warning to you.
8.10.4​Legal proceedings including (without limitation) action against you for ​reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
8.10.5​Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8.11​We exclude liability for actions taken in response to breaches of this clause 8. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
9. Intellectual property rights
9.1 ​We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 ​You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
9.3 ​You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4​Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
9.5 ​You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.6 ​If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. No reliance on information
10.1 ​The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
10.2 ​Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
11. Limitation of our liability
11.1 ​Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
11.2 ​To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
11.3 ​We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
10.2.1 use of, or inability to use, our site; or
10.2.2 use of or reliance on any content displayed on our site.
10.3 ​If you are a business user, please note that in particular, we will not be liable for:
10.3.1 loss of profits, sales, business, or revenue;
10.3.2 business interruption;
10.3.3 loss of data;
10.3.4 loss of anticipated savings;
10.3.5 loss of business opportunity, goodwill or reputation; or
10.4.5​any indirect or consequential loss or damage.
11.5​If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.6 ​We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
11.7 ​We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12. Uploading content to our site
12.1​You warrant that any such contributions or information uploaded to our site will comply with the content standards set out in clause 8, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.2​Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
12.3​We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
12.4​We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
12.5​We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in clause 8 above.
12.6​The views expressed by other users on our site do not represent our views or values.
12.7​You are solely responsible for securing and backing up your content.
13. Viruses
13.1​We do not guarantee that our site will be secure or free from bugs or viruses.
13.2​You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
13.3​You must not misuse our site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
14.​Linking to our site
14.1​You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
14.2​You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.3​You must not establish a link to our site in any website that is not owned by you.
14.4​Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
14.5​We reserve the right to withdraw linking permission without notice.
14.6​If you wish to make any use of content on our site other than that set out above, please contact mementosmemorabilia@gmail.com.
15.​Third party links and resources in our site
15.1​Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
15.2​We have no control over the contents of those sites or resources.
16.​Applicable law
16.1​If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
16.2​If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.​Contact us
To contact us, please email mementosmemorabilia@gmail.com. Thank you for visiting our site.
End
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Mementos Memorabilia
Privacy & Cookie Policy
(Version 1.0 - April 2016)
Mementos Memorabilia ("We") are committed to protecting and respecting your privacy.

This policy (together with our Website Terms of Use [insert link]) set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.mementosmemorabilia.com ("Our Site") you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is David Morgan trading as Mementos Memorabilia of 47 Innage Road, Northfield, Birmingham, B31 2DY.

Our nominated representative for the purpose of the Act is David Morgan.
1. Information we may collect from you
We may collect and process the following data about you:
1.1 Information you give us. You may give us information about you by filling in forms on Our Site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use Our Site, search for a product, place an order on our Site, You carry out searches on Our Site, participate in discussion boards, gallery displays or other social media functions on Our Site, and when you report a problem with Our Site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information and personal description.
1.2 Information we collect about you. With regard to each of your visits to Our Site we may automatically collect the following information:
• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
1.3 Information we receive from other sources. We may work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
2. Cookies
2.1​Our Site uses cookies to distinguish you from other users of Our Site. This helps us to provide you with a good experience when you browse our website and also allows us to improve Our Site. By continuing to browse the site, you are agreeing to our use of cookies.
2.2​A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
2.3​We use the following cookies:
• Strictly necessary cookies. These are cookies that are required for the operation of Our Site. They include, for example, cookies that enable you to log into secure areas of Our Site, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around Our Site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to Our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to Our Site, the pages you have visited and the links you have followed. We will use this information to make Our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
2.4​Please refer to the table below to find more information about the individual cookies we use and the purposes for which we use them.
2.5​You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of Our Site.
3.​Uses made of the information
We use information held about you in the following ways:
2.1 Information you give to us. We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
• to notify you about changes to our products and/or services;
• to ensure that content from Our Site is presented in the most effective manner for you and for your computer.
2.2 Information we collect about you. We will use this information:
• to manage, administer and fulfil any contracts that you have entered into with us;
• to administer Our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve Our Site to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of Our Site, when you choose to do so;
• as part of our efforts to keep Our Site safe and secure;
• to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the our order form or registration form).
2.3 Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
4. Disclosure of your information
4.1​We may share your information with selected third parties including:
• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
• Analytics and search engine providers that assist us in the improvement and optimisation of Our Site.
4.2​We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If we or substantially all of our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Mementos Memorabilia, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
4.3​Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5. Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at mementosmemorabilia@gmail.com.
Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6. Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
7. Changes to our privacy and cookie policy
Any changes we may make to our privacy and cookie policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
8. Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to mementosmemorabilia@gmail.com.
(April 2016 Edition)

Cookie Table [Suggest this is completed by your website developers]

Cookie

Name

Purpose

More information

[COOKIE TITLE]

[COOKIE NAME]

[DESCRIPTION OF THE PURPOSE FOR WHICH THE COOKIE IS USED]

Examples of purposes for which a cookie may be used:

This cookie [is essential for Our Site to][enables us to]:

• [Estimate our audience size and usage pattern.]
• [Store information about your preferences, and so allow us to customise Our Site and to provide you with offers that are targeted at your individual interests.]
• [Speed up your searches.]
• [Recognise you when you return to Our Site.]
• [Allow you to use Our Site in a way that makes your browsing experience more convenient, for example, by allowing you to store items in an electronic shopping basket between visits. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.]
• [OTHER PURPOSES]
[WHERE APPROPRIATE, INSERT LINK TO EXTERNAL INFORMATION]



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This site uses cookies to help make your experience the best we can. You can find out more about the cookies we use by reading our cookie policy. Dismiss