Terms and Conditions

Introduction

Please read these terms carefully and ensure you understand them before you use this website and place an order with us.

These Terms and Conditions, together with any and all other documents referred to, set out the terms of use under which you may order goods from our Website. Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of our Website. You will be required to read and accept these Terms of Sale when ordering Goods.

use of our Website is also governed by our Cookie and Privacy Policies and our Terms of use. These policies and terms are incorporated into these Terms and Conditions by this reference.

About us

Our Website, inmemorypins.co.uk is owned by Just Digital Limited, a limited company registered in England under 04954829 whose registered address is Kingfisher Way, Hinchingbrooke Business Park, Huntingdon, Cambridgeshire PE29 6FN. Our VAT number is 826191820.

Access to our site

Access to our site is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access our Website. Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period. We may alter or update our Website (or any part of it) at any time.

Ordering Goods

Business customers

These Terms and Conditions do not apply to customers purchasing goods in the course of business.

International customers

If goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your goods reach their destination. You 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 we cannot guarantee that the packaging of your goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.

Goods, pricing and availability

We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from us correspond to the actual goods. Please note, however, that mages of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of goods may vary This does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not to different goods altogether (see below).

Where appropriate, you may be required to select the required size, model, colour, number of the goods that you are purchasing. We neither represent nor warrant that goods will be available. Stock indications are not provided on our Website.

We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of going online but we reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.

In the unlikely event that we have shown incorrect pricing information, we will contact you in writing before proceeding with your order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the goods at the correct price or to cancel your order (or the affected part thereof). We will not proceed with processing your order until you respond. If we do not receive a response from you within 24 hours, we will treat your order as cancelled and notify you of this via email.

In the event that the price of goods you have ordered changes between your order being placed and us processing that order and taking payment, you will be charged the price shown on our Website at the time of placing your order. All prices on our Website include VAT, where applicable. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Delivery charges are not included in the price of goods on our Website. Delivery options, including details of delivery times, and related charges will be presented to you as part of the order process.

Order process

Our Website will guide you through the ordering process. Before submitting your order to us you will be given the opportunity to review your order and amend it.

No part of our Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. At this stage you will provide payment through SagePay. Once your payment is cleared, our acceptance of your order is indicated by us sending you an order confirmation by email.

Our order confirmation will contain 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 and estimated delivery date(s) and time(s).

If we, for any reason, do not accept or cannot fulfil your order, no payment shall be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

Payment

Payment for goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

The method of payment we use is Opayo.

If you believe that we have charged you an incorrect amount, please contact us as soon as possible to let us know.

Delivery

We provide a range of delivery options at the checkout. Please see our delivery page for details here. The delivery prices vary depending on the service provided but include VAT.

All goods purchased through our Website will normally be delivered as described in our delivery information and at the latest within 30 calendar days of the date of our order confirmation unless otherwise agreed (subject to delays caused by events outside of our control, see below).

In the unlikely event that we fail to deliver the goods within 30 calendar days of our dispatch confirmation (unless otherwise agreed), you may cancel your order immediately if we have refused to deliver your goods; or if, in light of all relevant circumstances, delivery within that time period was essential; or you told us when ordering the goods that delivery within that time period was essential.

If you do not wish to cancel or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then cancel your order.

Delivery shall be deemed complete once we have delivered the goods to the address including, where relevant, any alternative address provided in your order.

Returns and refunds: faulty, damaged or incorrect goods

By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.

Beginning on the day that you receive the goods (and ownership of them) you have a 30 Calendar Day right to reject the goods and to receive a full refund if they do not conform as stated above.

Alternatively, you may request a repair of the goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you a full refund.

If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the goods still do not conform (or if we cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the goods (and ownership of them), we may reduce any refund to reflect the use that you have had out of the goods.

Please note that you will not be eligible to claim if we informed you of the fault(s), damage or other problems with the goods before your purchase of the them (and it is because of the same issue that you now wish to return them); if you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.

To return goods to us for any reason under this clause, please contact us to arrange for a collection and return. We will be fully responsible for the costs of returning goods.

Refunds (whether full or partial, including reductions in price) under this clause will be issued within 14 Calendar Days of the day on which we agree that you are entitled to the refund. Any and all refunds issued under this clause will include all delivery costs paid by you when the goods were originally purchased. For further information on your rights as a consumer, please contact your local Citizens' Advice Bureau or Trading Standards Office.

Returns and refunds if you change your mind

If you are a consumer you have a legal right to a “cooling off” period within which you can cancel the contract for any reason. This period begins once your order is complete and we have sent you your order confirmation.

If the goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the goods. If the goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of goods.

If you wish to exercise your right to cancel, you must inform us of your decision within the cooling off period. We may ask you why you have chosen to cancel and may use any answers you provide to improve our goods and services, however please note that you are under no obligation to provide any details if you do not wish to.

Please ensure that you return goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel. You may return goods to by post or another suitable delivery service of your choice to our returns address Kingfisher Way, Hinchingbrooke Business Park, Huntingdon, Cambridgeshire PE29 6FN. Please note that you must bear the costs of returning goods to us.

Refunds when will be issued to you within 14 calendar days of the following:

The day on which we receive the goods back; or the day on which you inform us (supplying evidence) that you have sent the goods back (if this is earlier); or, if we have not yet dispatched the goods, the day on which you inform us that you wish to cancel the contract.

Refunds may be reduced for any diminished value in the goods resulting from your excessive handling of them. Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that we cannot reimburse for premium delivery. Refunds will be made using the same payment method that you used when ordering the goods.

Our liability to consumers placing orders on our site

We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

We only supply goods for domestic and private use by consumers. We make no warranty or representation that the goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

Events Outside of our Control (Force Majeure)

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

If any force majeure event occurs, we will inform you as soon as is reasonably possible if it is likely to adversely affect our performance of any of our obligations to you. We will inform you when the force majeure event is over and provide details of any new dates, times or availability of goods as necessary;

During the force majeure event, our obligations will be suspended and any time limits that we are bound by will be extended accordingly. If the force majeure event continues for more than 30 days, we will cancel the contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the contract is cancelled. If a force majeure event outside of our control occurs and continues for more than 10 days and you wish to cancel the contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 30 Days of the date on which the Contract is cancelled.

Other important Terms

We may transfer (assign) our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

Changes to these Terms and Conditions

We may alter these Terms and Conditions at any time. If we do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of our Website after the changes have been implemented. You are therefore advised to check this page from time to time.

If we change these Terms and Conditions as they relate to your specific order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation or return of goods whichever is the later.

In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Data Protection

We will only use your personal information as set out in our Privacy and Cookie Policies.

Contacting us

To contact us please use any of the other methods provided on our contact page.

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law and shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency if you are a consumer and otherwise will be subject to the exclusive jurisdiction of the courts of England and Wales.