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Terms and conditions

Photo Memento is part of Tribal Voice Ltd.,
Company registration number 08323570
Place of registration:
Tower House Lodge
Mabel Place
Paignton
Devon TQ4 5UB

We do not offer refunds on any personalised item unless it is found to be faulty. Check your spelling carefully as errors on your behalf can not be rectified after production.
We cannot cancel an order once an item has been sent to production to be printed, personalised or made. If you wish to cancel an order for goods which are to be personalised you must do so before it is sent to production. Please note, some orders are sent to production immediately to ensure a fast service.
Please note the customer by placing an order is acknowledging they are paying not only for the produced personalised item but the service of having artwork created and the administrational procedure of helping them create a made to order product. If a customer requests to cancel an order and work has been undertaken Photo memento reserves the right to impose a 7.5% administration fee for the work already undertaken.
If you are ordering multiple items that require prepared artwork to preview before confirming your order, it may incurr an additional charge to offset the time and administration involved.

Due to the variable production and artistic criteria of the different personalised gift items Photo memento offer, we may need to make decisions on how to print the photo/artwork you have submitted to fit the gift.
At Photo Memento we specialise in the production of high quality photo gifts. Amongst the photo gifts we personalise are photo porcelain mugs, commemorative porcelain plates, personalised award plaques and salvers for sports events and competitions. We personalise placemats, coasters and a range of functional household items.
If you have any specific requirements please state in the comments field at the time of placing your order. Although we will endeavour to fulfill your requests as diligently as possible, we cannot guarantee to produce the gift exactly as you state for the reasons mentioned. If you are not prepared to allow us to use our own judgement at the time of producing your order please do not continue.

Slight imperfections in these personalised gifts do not constitute defects and will not be acknowledged as grounds for complaint or reason for redress. We produce your order to the highest standards possible permitted by the constraints of the competitive financial environment of the internet.
This condition for the production of personalised photo gifts is the same whether ordering from Photobox, Snapfish, SnappySnaps or which ever personalised gift supplier.

Breakages:
We pack items to arrive intact, however breakages do occur. If you receive a broken item please email us a photo of the breakage.We will not send a replacement before seeing a photo of the breakage. All replacements will be posted second class.
Ammendments to any order must be left on your registered account. You must login and leave your message there. We will not accept any liability for requests to alter orders if the request is not left in the account. Thank you.
Personalised gifts take time to make:
These personalised gifts are created by a technical process which can not always be completed in a short-time frame. In this world of instant gratification some people find it difficult to understand this. We apologise for any inconvenience but hope the wait feels worth it when you receive your order.

Please note we operate normal working hours Monday to Friday 9am to 5pm. It is between these hours we will reply to emails and process orders.

We accept payment by online secure payment providers; Paypal and Nochex. You can choose either to pay through by Visa, Visa Debit, Switch, Delta, Solo or Mastercard.
Payment is taken at the time of confirming your online order.
You can pay by Paypal if the Nochex payment option will not work for you.
Your payment card must be registered at the address you are entering as your billing address.
Nochex will not accept payment if the billing address is different to your banks recorded address for your payment card.
Three alternatives ways of paying are; payment by bank automated credit into our bank account; cheque or postal order.
Please note there is an administrative charge of £2 for payment by cheque or postal order. This is to cover the bank charges and extra work involved in processing your payment.

If you don't want to pay online you can send a cheque made payable to "Tribal Voice Ltd t/a Photo Memento" and post to:

Photo Memento
1st Floor, The Gatehouse,
Littlegate Road,
Paignton,
Devon.
TQ3 3AZ
United Kingdom.

Terms of Contract

1. As every item is specially made including an image specified and provided by you, you have no right to cancel your order under the Distance Selling Regulations 2000. We guarantee that each item purchased will be free of any defects rendering it unfit for its purpose for 6 months from the date of your purchase. This does not effect your statutory rights.
2. Spelling mistakes will not be corrected! By choosing personalised text you agree to accept our rendering of the text on the image. The choice of location for your text will affect how visible it is and we will not refund any money for mistakes you have made in typing the text or in choosing its location. We reserve the right to alter the location of the text if in our judgment it will be easier to read. We reserve the right to cancel orders where the text is considered by us to be blasphemous, defamatory or offensive. Photos printed onto our products do not achieve the exact same results as a printed photograph there will always be a slight colour shift due to the nature of the printing process.
3. Any orders that do not clear the Paypal or Nochex payment procedure correctly are not recorded. These two secure payment providers will state whether payment has been accepted or declined after you have entered your payment details.
If payment is declined by Paypal or Nochex you will still be registered as a customer but you will have to re-enter your order details including payment.
If you have opted to pay by Bank automated credit/Cheque or Postal order the above condition does not apply and your order will be saved.
4. We will comply with the Data Protection Act 1998 in respect of all personal data supplied by you when placing an order. We do not send any marketing emails, material or pass your details to any third party.
5. We will try to produce your order in 3 to 5 working days of receipt of payment;this excludes weekends.
You must examine all items delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the items in transit unless loss or damage is noted at the time of delivery. All claims with regard to the quality or quantity of the items must be made by email to us within 5 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of contract.
6. When browsing an image to upload to us from your computer, you must be careful that it does not infringe anyone else's copyright or other rights. If we produce an image for you that breaches someone else's copyright you will be liable. You agree to indemnify us against any third party claim against us based on any image you uploaded to us that infringes a third party's rights.
7. We do not accept orders where the image uploaded is in our judgment pornographic or obscene, blasphemous, defamatory or offensive. We reserve the right to inform any relevant authority if we believe any image uploaded to us to be unlawful.
8. No third party may rely on any term of the contract between us under the contracts (Rights of Third Parties) Act 1999.
9. These terms and the contract between us shall be governed by English Law and not those of any other government or country.

Taking care of your photo engraved pendants:
Photo engraving is a very exact process which impacts a prepared metal surface, which has been milled to be smooth and level. The engraved image when finished is no deeper than a few hundreths of a millimeter.

Looking after your photo pendant: The surface after engraving is susceptible to damage if hit by hard objects. The image can be scratched by other metal objects. To maintain a photo pendant in its original condition we recommend the minimum amount of contact with your hands as the sweat that perspires from your skin is acidic and will corrode the image very quickly.
Do not wear these pendants next to your skin for long periods. Human sweat is acidic and will make the plate dissolve eventually destroying the pendant.
Do not wear the pendant in the shower/bath or swimming pool. Detergents/shampoos/deodorants/hair spray/face or medical creams will have a corrosive affect on the engraving.
Rubbing the image between thumb and forefingers, a common comforting behaviour, will have an abrasive affect on the engraving; eventually eroding the image until it all but disappears.
We are not liable for damage caused in the above circumstances.
An occasional light polishing with a dry lense cleaning cloth will give the pendant the greatest protection from oxidisation. Only brush very gently on the photo surface a few times.Jewellery cleaning liquids or cloths are NOT recommended.

Full Terms and Conditions

1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Photo Memento, 1st Floor The Gatehouse, Littlegate Road,Paignton, Devon, TQ3 3AZ, that owns and operates www.photomemento.co.uk;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.photomemento.co.uk

2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
2.6 The Seller reserves the right to withdraw any offer, price, promotion or competition at any time.

3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT when applicable. The price includes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 DELIVERY
6.1 Goods supplied within the UK will normally be dispatched within 5 working day of acceptance of orders placed before 2pm GMT. If there are problems with an order (image suitability for example) The Seller may not accept the order until the problems have been resolved by The Buyer.
6.2 The Buyer should contact the Seller for delivery costs and timescales for Goods supplied outside the UK
6.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

7 CANCELLATION AND RETURN
7.1 No Goods are sold to the Buyer on a sale or return basis. The Buyer has no right to reject or return Goods without the consent of the Seller.
7.2 Personalised Goods and Goods which are made to order cannot be refunded, returned or exchanged.
7.3 The Buyer must report any damaged goods (e.g. photo gifts broken in the post) to the Seller by email (info@photomemento.co.uk) within 48 hours of receiving them. Failure to do so will result in the Seller not accepting responsibility. Upon agreement with the Seller, damaged goods shall be returned to the Seller. The Seller will cover the cost of returning the Goods using Royal Mail 1st or 2nd Class Recorded Delivery. Products must be received by the Seller to qualify for a replacement free of charge. Please email us for a return address.
7.4 Before making payment please note if we advise you the quality of the image you have supplied will produce poor quality results and you choose to cancel your order we will charge an administration cost of 20% of the original order. If you want to save your order without paying we are happy to confirm the suitability of your image for your requested product by email prior to making payment.
7.5 The Seller will endeavour to match colours as closely as possible. Exact matching of colours is not always possible and the Seller cannot guarantee an exact match. The Buyer has no right to return or reject the Goods on the grounds that the colours don't match the image they supplied.
8 LIMITATION OF LIABILITY
8.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
8.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

9 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

10 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

11 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

12 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

13 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Website Usage Terms & Conditions
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern 's relationship with you in relation to this website.
The term "Photo Memento" or "us" or "we" refers to the owner of the website whose registered office is 1st Floor The Gatehouse, Littlegate Road,Paignton, Devon, TQ3 3AZ. The term "you" refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without our (Photo memento) prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Disclaimer
The information contained in this website is for general information purposes only. The information is provided by "Photo Memento" and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of "Photo Memento". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, "Photo Memento" takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Copyright Notice
This website and its content is copyright of "Photo Memento". All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.