Acceptance of Terms
These Terms and Conditions govern your use of the Website located
www.authenticmemorabilia.co.uk (hereinafter referred to as the
“Website”, or the “Site”). The Site is owned and operated by Authentic
Memorabilia (hereinafter collectively referred to as the “Company,”
“We,” “Us,” or “Our”) in accordance with the laws of England and
Wales.
The Company offers the Website to you (the “User,” “You” or “Your”)
subject to your acceptance of these Terms and Conditions, as well as
our Privacy Policy which is included herein by reference (collectively
referred to as “Terms” or “Agreement”).
By continuing to access the Website or purchasing any product through
our Site, you represent that you have read these Terms and you agree
to be bound by them.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE
AND/OR ORDER ANY PRODUCT THROUGH OUR WEBSITE.
Additional Terms
Some services offered by the Company through the Website may have
different terms and conditions than those outlined hereunder. When you
make use of such services, you agree to abide by such additional
terms.
Definitions
Unless expressly stated otherwise, the following terms shall have the
meaning as defined hereunder:
“Memorabilia” or “Product” – refers to any item offered for sale
through our Website.
“Customer(s)” – refers to User(s) who place an order through our Website.
“User(s)” – refers to all Website visitors/Users and includes any
reference to customers.
Eligibility
Unless expressly stated otherwise, only natural persons over the age
of eighteen (18) years are eligible to order a product through our
Website. By accessing the Website, you represent to the Company that
you have the requisite capacity and authority to enter into a legally
binding agreement with the Company.
Amendments
The Company reserves the right to update these Terms at any time at
our sole discretion. Where we make any changes to these Terms, we will
update the last modified date on the top of the page where these Terms
appear. By continuing to use the Website after the updated Terms are
posted on the Website, you agree to be bound by such updated Terms.
Product Images
We make our best effort to represent all products on our Website
accurately; however, you understand and accept that there may be minor
variation in colour based on different monitors and studio lighting.
If you have any queries regarding the colours, size or weight of any
product, please contact us at sales@authenticmemorabilia.co.uk before
placing your order.
Guest Checkout, Account Registration and Safety
Although you can purchase Memorabilia without having to register a
user account on the Website, there are certain Website features and
functionality that is only available to account holders, such as:
storing billing and shipping address for future purchases, keeping
track of past transactions, and access to the order status etc.
When you place an order on our Website or sign up for an account, you
are required to provide us with certain personal information such as
your full name, email address, delivery address and your billing
information (“Your Personal Data”). Your Personal Data is processed in
accordance with our Privacy Policy which is available on our Website
for your review. Please carefully review our Privacy Policy before
providing any personal information to us.
When you place your order or sign up for a User account, you are under
a legal obligation to only provide us with true, accurate, complete
and current information only.
Please note that all User accounts are offered solely at our
discretion. We may refuse to provide a User account at any time
without providing any reason for our decision.
You understand and agree that all activity under your User Account on
our Website is solely your responsibility, regardless of whether you
authorised it or not. You are obligated to immediately notify us of
any unauthorised use of your User Account.
You hereby release the Company from any claim, loss or damage suffered
by you as a result of any unauthorised access to your User account.
Placing your order
You can view all Memorabilia offered for sale on our Website and
easily select and add the Memorabilia to your shopping cart. Please
carefully review your shopping cart including product prices,
applicable taxes and shipping fees before you proceed to the checkout
page and authorise the full payment.
You understand and agree that by submitting your order on the Website,
you are making an offer to purchase the Memorabilia. Your order is
only accepted by us after we send you an order acceptance email. We
will not process your order before sending you an order acceptance
email. Where you order multiple products as part of one transaction,
we reserve the right to accept and process your order in part by
delivering only products specified in our order acceptance email and
decline the remainder of your order. You will only be billed for the
products that we accept and dispatch.
We may decline to accept an order at our sole discretion for any
reason, including but not limited to:
the Memorabilia being unavailable;
if there were any errors in pricing on our Website at the time you
placed your order; or if
our shipping service provider does not service your shipping address.
It is solely your responsibility to thoroughly investigate whether
purchase or possession of a Memorabilia is prohibited in your local
jurisdiction prior to placing your order.
Delivery
The Company uses third-party shipping service providers to ship all
orders. If for any reason we are unable to fulfil your order, we will
notify you at the email address provided by you when you placed your
order. All accepted orders are delivered to the shipping address
provided by the customer at the time the order was submitted.
All risk and title pass to the customer upon acceptance of delivery.
All delivery timeframes are estimates only as provided by our shipping
service provider. The Company does not offer any guarantees or assume
any liability for any delay in delivery of your order. Where you order
multiple products as part of one transaction, we are unable to ship
ordered products to different shipping addresses.
Unsecure Shipping Address
You are advised to provide us with a secure shipping address so you,
or a person authorised by you, can accept the delivery of your ordered
memorabilia. We will not be responsible for the memorabilia being
lost, stolen or damaged after our shipping service provider’s tracking
reflects that the memorabilia was delivered to you.
Prices and Payments Policy
All memorabilia prices on our Website are listed in GBP and may be
converted into your local currency for your convenience. Before you
confirm and submit your order, you will be shown the full purchase
price, including all applicable shipping fees and handling charges for
your shipping address.
You are required to authorise the full purchase price at the time you
place your order. By providing us with your payment information at the
time you submit your order, you represent and warrant that you have
the right to use the provided payment method.
We currently use PayPal payment gateway to securely process all order
payments on our Website.
We may in our sole discretion and without giving any prior notice to
you change the price of any Memorabilia on our Website. We assure you
that any changes in prices will not impact any accepted orders.
Errors in pricing
Although we take all reasonable care to ensure the prices as listed on
the Website are correct, we cannot offer any guarantees as to the
accuracy of this information. If we discover that any memorabilia
price published on our Website was incorrect at the time you placed
your order, we will contact you and offer you an opportunity to place
your order at the correct price. Please note that we are not under any
legal obligation to accept orders at a lower price as a result of any
errors in pricing.
Cancellations Policy
The following product orders cannot be cancelled, returned or exchanged:
- Custom products,
- Signature requests,
- Custom framed products,
- Products purchased in our online sale.
All other orders may be cancelled at any time before they are
dispatched (“cancellation period”).
To cancel your order, please send us a message at
sales@authenticmemorabilia.co.uk with your order number, and we will
notify you whether your order has been dispatched or not. If your
order has not been dispatched at the time we receive your cancellation
request, we will cancel your order, and your payment will be reversed.
However, if your order has been dispatched at the time we receive your
cancellation request, you will be required to follow the instructions
provided under our Returns Policy.
Incorrect Deliveries
Although we take great care to avoid any errors in order processing,
mistakes are possible, which is why, in the unlikely event the product
you received is not what you had ordered, please contact us at
sales@authenticmemorabilia.co.uk. You will be required to return the
incorrect product to us by following the return process outlined in
our Returns Policy.
Please note that any minor variation in colour and size does not
qualify as incorrect delivery and any damage caused to the product by
the customer after accepting delivery will not qualify for a refund or
exchange.
Return Shipping Fees
Excluding returns of incorrect deliveries, customers will be
responsible for the payment of two-way shipping fees for all returns.
You are advised to pack the returned product securely to avoid any
damage during return delivery and to use a trackable method when
returning any products to the Company. You will be solely responsible
for any products that are lost in transit or damaged during return
shipment due to poor packaging.
International Duties and Taxes
Importing products from other countries can attract import duties and
taxes in the destination country. Our prices, as listed on the
Website, do not include such import duties and taxes. All
international duties and taxes are borne by the customer, and the
Company will not be liable for such additional charges.
Authenticity Guarantee
We offer authenticity guarantee for all memorabilia offered for sale
on our Website. Each product is sold with a certificate of
authenticity. This guarantee shall become void if you alter an
authentic product or the certificate in any manner.
Prohibited Activities
You agree that you will never:
- Use the Website or any products offered by the Company for any illegal
or unlawful purposes; - Post any content that may be potentially or actually harmful to the
Company or any of our Users; - Post any content or information that is false, inaccurate, misleading
or deceptive in nature; - In any way, infringe another person’s or Company’s copyright, patent,
trademark, trade secret or other intellectual property rights; - Act in any manner that may lead to a violation of any applicable laws
or regulations; - Post any content in any public areas of the Website that may be deemed
defamatory, libellous, threatening or harassing; - Post any content on our Website that is obscene or contains any
material, that we may in our sole discretion deem inappropriate or
unlawful; - Intentionally or unintentionally cause harm or subvert the function of
the Website by introducing viruses or other computer programming
routines that may damage, modify, delete or interfere with any system,
data or personal information stored on our Website.
Promotion Codes
The Company may, in its sole discretion, create and offer promotional
codes that can only be used towards purchasing selected products
offered by the Company through the Website. Please note that
additional terms and conditions may apply to the use of promotional
codes and by using a promotional code, you agree to be bound by those
additional terms and conditions. Promotional codes may expire upon the
date specified in the promotion and may not be redeemed for cash or
transferred to another person.
Intellectual Property
All content available on the Website, including without limitation the
images, text, graphics, logos, trademarks, audio, video, interactive
features, software and the like (“Company Content”) are owned by
and/or licensed to the Company by our licensors (“Licensors”) and
subject to trademark, copyright and other intellectual property laws
of United Kingdom and international conventions. All Company Content
is provided to you for your personal and non-commercial use only. Any
act of copying, selling, reproducing, republishing, modifying,
distributing and creating derivative work of any Company Content
without our express written consent will constitute a violation of
copyright law.
You agree that you will not remove any copyright, trademarks and any
proprietary notices from any Company Content. You understand that any
unauthorised use of Company Content is strictly prohibited.
We hereby grant you a revocable, non-exclusive, non-transferable
license to use the Website as set out in this Agreement.
We reserve the right to prosecute any violations of this provision to
the fullest extent permitted by applicable law. You acknowledge that
any breach of this provision can incur criminal as well as civil
liability.
Trademarks
“Authentic Memorabilia” is Company’s unregistered trademark. Any use
of our trademarks for any product or service that is not owned or
operated by us is strictly prohibited. The Company reserves all rights
that are not expressly granted under this Agreement.
Copyright Disputes
We respect the intellectual property rights of others. If you believe
that your copyrighted material or content is posted, uploaded or made
accessible through our Website, without your express consent, please
inform us at the email address listed below and provide us with the
following information:
- Identification of the material or content that is claimed to be
infringing your copyrighted works;
- Your contact information including your name, phone number, and email address;
- A statement by you setting out that you are either the owner of the
copyrighted work or have been authorised by the owner to communicate
with us regarding the copyright infringement;
- A statement by you that all information provided by you to us is bona fide true.
Contact: sales@authenticmemorabilia.co.uk
Information Disclaimer
ALL INFORMATION AND CONTENT ON OUR WEBSITE, INCLUDING BUT NOT LIMITED
TO AUDIOS, VIDEOS, BLOGS, POSTS, AND COMMENTS ARE MADE AVAILABLE FOR
YOUR GENERAL INFORMATION PURPOSES ONLY. ALTHOUGH WE TAKE ALL
REASONABLE MEASURES TO CONFIRM THAT ALL INFORMATION ON OUR WEBSITE IS
ACCURATE AND UP TO DATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO
THE ACCURACY OF ANY INFORMATION.
THE WEBSITE CONTAINS A VAST AMOUNT OF CONTENT AND ERRORS ARE POSSIBLE.
THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION OR
INACCURACY IN ANY INFORMATION ON THE WEBSITE. THE COMPANY RESERVES THE
RIGHT TO MODIFY ANY INFORMATION ON THE WEBSITE, AT ANY TIME, WITHOUT
PRIOR NOTICE TO USERS; HOWEVER, THE COMPANY IS NOT UNDER ANY LEGAL
OBLIGATION TO DO SO.
ALL INFORMATION IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE”
BASIS WITHOUT ANY WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED,
INCLUDING STATUTORY WARRANTIES. ACCORDINGLY, ANY DECISION YOU TAKE
BASED ON ANY INFORMATION/CONTENT YOU RECEIVE THROUGH THE WEBSITE IS
SOLELY AT YOUR OWN RISK.
Account Termination
If you would like to terminate your User Account, please send us an
email at sales@authenticmemorabilia.co.uk with the words “Account
Termination” in the subject line. Please note that once your account
is terminated, you will not be able to login to your account using
your username and password and you will not be able to reactivate your
account.
The Company also reserves the right to terminate any User Account or
suspend a user’s access to the Website if we have a reason to believe
that:
- A User has violated any provisions of this Agreement;
- A User’s conduct is harmful to the Company or any other Users; or
- The Company discontinues the Website for any reason.
Disclaimer of Warranties; Limitation of Liability
Unless expressly stated otherwise, the Company provides the Website to
you on ‘AS IS’ and ‘AS AVAILABLE’ basis, without any representation or
warranties of any kind, either express or implied, including but not
limited to any implied warranty of merchantability, fitness for a
particular purpose, durability, and non-infringement.
IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS BE HELD LIABLE FOR ANY
LOSS, CLAIM OR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO
LOST OPPORTUNITY, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES WHETHER
BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE, OR FOR ANY OTHER
CLAIM, EVEN IF THE COMPANY WAS ADVISED OF SUCH POSSIBILITY.
THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED
BY YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE
PRODUCT PURCHASED BY YOU WHICH GAVE RISE TO THE ISSUE.
Indemnification
You agree to release, defend, indemnify, and hold harmless the
Company, its founders, employees, affiliates, subsidiaries against any
claims, liabilities, charges, damages, losses, and expenses,
including, without limitation, reasonable legal fees, arising out of
or in any way connected with:
(i) the violation of these Terms by you; or
(ii) the infringement by you of any intellectual property or other
rights of any person or entity.
Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of England and Wales. Both parties agree to submit to the
exclusive jurisdiction of English courts to resolve any claims and
disputes arising out of this Agreement.
Force Majeure
Excluding the payment obligations outlined in this Agreement, neither
the Company nor the User will be held liable for failure to perform
any of its obligations towards the other if such failure is as a
result of Acts of God (including fire, flood, earthquake, storm,
hurricane or other natural disasters), war, invasion, act of foreign
enemies, hostilities (regardless of whether war is declared), civil
war, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalisation, government
sanction, blockage, embargo, labour dispute, strike, lockout or any
interruption or any failure of electricity or server, system,
computer, internet or telephone service.