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Terms & Conditions – Everlasting-Love ®

These Terms and the order that You place on the Website [everlasting-love] comprise all the Terms of the agreement between ‘You’ and ‘Us’ and shall apply to the exclusion of any other Terms, conditions, warranties and representations written or orally expressed or implied (save for those which by law cannot be excluded) unless accepted by ‘Us’ in writing.

We recommend that You print or save to your computer a copy of these Terms should they be required for future reference.

1. Product

  • All keepsake tribute and sympathy products depicted on the Website will be fulfilled by Us [Everlasting-love Ltd]
  • The images of the Products on the website 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.
  • All Products depicted on the Website (as may be varied from time to time) are only currently available within the United Kingdom (UK)

2. Prices

  • The prices of the Product will be as stated on the Website and in Your order.
  • Prices include VAT for all orders.
  • Except where stated Product prices will exclude the delivery charge.
  • Prices stated on the Website are applicable only to Products ordered through the Website and may vary for Products ordered through other means (e.g. in person).

3. Orders/Payment

  • You will be given clear instructions to navigate the order process and will be required to provide Us with Your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We will not be liable for any incorrect payment or delivery details provided by You.
  • We currently support a a number of payment methods. Payments can be made via your account of any accepted major debit / credit card (securely).
  • By clicking on the Pay Now button at the end of the order process, You are consenting to be bound by Our Terms relevant information (e.g. pricing displayed) on the Website.
  • Submitting Your order via the ‘Pay Now’ button does not represent Our acceptance of Your order and Your submitted order will still be subject to Our acceptance of it.
  • We will send You an email confirmation to the email address that You provide at the time of placing Your order to confirm that We are processing Your order. We will not be bound by a contract with You until we have issued this email confirmation to You.

4.Delivery

  • Delivery charges are provided at the final payment stage.
  • Every effort will be made to deliver on the date and time specified on the order. The exact delivery date cannot be guaranteed. Delivery is not available on a Sunday or UK public holiday. 
  • We will process orders received on Sundays or UK public holidays the next working day.
  • All orders will be delivered between 7am and 6pm.
  • Delivery is not available on Sundays or on UK public holidays, and such orders will be delivered on the next working day.
  • To avoid problems or delays with delivery, please ensure that You have included the full address details, including accurate postcode and contact name of the intended recipient and telephone number, together with Your day time contact telephone number or email address so that We can notify You in the event that any delivery problems are encountered. We will not be liable for any incorrect delivery address that You have provided. 
  • Please be aware that our Carrier will deliver the Products to the address provided in good faith and We cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the Product(s).
  • Please note that where the Carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time We reserve the right to charge for re-delivery to that or an alternative address.
  • Before placing Your order, please review our current delivery timeframes
  • Please note that if You order a number of Products for delivery to the same address, they may be dispatched separately and We cannot guarantee delivery at the same date or time.

5. Force Majeure

In the event of these Terms being rendered impossible to perform by reason of any Force Majeure Event, each party has the option to cancel or suspend the contract or so much of it as is thereby rendered impossible to perform. We will, where practicable, use reasonable endeavours to accommodate Your preference in these circumstances.

6. Cancellation/Amendments

  • If You wish to change or cancel Your order You can do so if the request is made at least 48 hours following your order request. To cancel or amend please call 0345 065 1945 or email: enquiry@everlasting-love.uk
  • If dispatch or delivery has already been made, You will be liable for the full amount (or the amount for part of the order if only part of the order has been dispatched and/or delivered). 
  • Amendments and/or cancellations will be accommodated. However we do not guarantee that this will be possible and You may remain liable for the full amount of the order.

7. Liability

  • 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.
  • We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • We do not in any way exclude or limit Our liability for:
  • (a) death or personal injury caused by Our negligence;
  • (b) fraud or fraudulent misrepresentation;
  • (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • (d) 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
  • (e) defective products under the Consumer Protection Act 1987.

Subject to clauses 1 and 5 above, We shall not be liable for any delay or inability to perform our obligations to You if such delay is due to any cause whatsoever beyond Our reasonable control, including any Force Majeure Event.

8. Intellectual Property

All other rights, including copyright, registered trade & design marks, included within this Website are owned by Everlasting-Love LTD. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without the permission.

9. General

We collect personal information about You and any other persons for whom You supply details at the time of the product ordering (“Information”). We will also collect Information You supply about the deceased. The following explains how We handle the Information and when We will disclose it to third parties i.e Courier (Royal Mail). By placing Your order You consent to Us dealing with Your Information in this way.

  • We will never sell or supply the Information to third parties for marketing purposes
  • We may monitor and/or record telephone calls for security purposes and to improve customer service levels
  • We may provide Information to public authorities, such as the police and Department of Work & Pensions, if required by them or as required by law.
  • In the event of non-payment by You, We may send Your personal Information to third parties in order to recover the debt owing.

By submitting an order You agree to the terms & conditions

  • A person who is not a party to the Terms between You and Us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms but this does not affect any right or remedy which exists apart from that Act.
  • In respect of fraudulent misrepresentation, these Terms (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between You and Us (whether written or oral) and sets forth the entire agreement and understanding between You and Us relating to the subject matter hereof.
  • Any contract between You and Us shall be governed by and construed in accordance with English Law only. In the event of any dispute arising between You and Us the courts of England and Wales will have non-exclusive jurisdiction over any such dispute.

For clarity the onus is on the website user to understand the above terms, when using the website and/or placing an order.