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Terms and Conditions: Use of Website

1. Acceptance of Terms of Use and Amendments.

Each time you use or cause access to this website, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Our Service.

Our website and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations.

In order to use this website, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct.

You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Third Party Services.

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

8. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.

9. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

11. Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

12. Notification of Copyright Infringement. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following email address:

clare@thememorybearco.co.uk

13. Applicable Law.

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

14. Miscellaneous Information. (i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that partys right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

15. Consent

By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.

Terms and Conditions: Ordering

By paying for and continuing with your order you are agreeing to comply with and be bound by the following terms and conditions of use.

The term “The Memory Bear Company” or “us” or “we” refers to the owner of the website whose registered office is International House, 12 Constance Street, London, E16 2DQ.  The term “you” refers to the user or viewer of our website.

    1. General Data Protection Regulations
    1.1 The Memory Bear Company considers that the organisation could not process client orders without holding the following information:
    1.1.1 The name, address, delivery address (if different) and email address of each client or recipient of the client’s gift.
    1.1.2 Information transferred via PayPal is subject to PayPal’s GDPR policies.
    1.2 On being informed of a change of contact, the old contact details will be deleted.
    1.3 No information is passed to any other organisation unless express permission is granted, or unless required to do so by law.
    1.4 No details would ever be sold to a third party.
    1.5 Details will be held by The Memory Bear Company until notified by the client to delete.
    1.6 Hard copies of information are not kept. Any letters received by clients will be burnt or shredded once the order is complete.
    1.7 Photographs are taken of every order before it is posted and could be used for publicity purposes.  These may be shown on social media at any point during or after the production of the order, including before the order is posted.
    1.8 If photographs are sent by the client to The Memory Bear Company of their orders with family members, The Memory Bear Company will specifically ask for permission before saving and/or sharing these photographs.
    1.9 Photographs may be held in our archive, unless requested otherwise
    2.0 If your contact details have changed and you no longer wish for The Memory Bear Company to hold these details, please contact clare@thememorybearco.co.uk and your details will either be updated or deleted as requested.

     2. Payment

    2.1 Full payment or a deposit must be made when the order is placed. Your order will not be placed on the waiting list until this is received.
    2.2 The description and price of the goods you order will be as shown in the order and shall remain valid for 30 days from receipt by you.
    2.3 If an error made in any part of the order is found I will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order.
    2.4 Please check your invoice before payment and inform me of any changes required before you pay. Payment of an invoice will indicate acceptance of each item therein.
    2.5 Payment plans are more than welcome and will be discussed and agreed individually.

    3. Production

    3.1 All my items are completely handmade and will therefore have their own unique characteristics and flaws. With this in mind, please inspect your items as soon as possible and inform me within 7 days if there are any problems.
    3.2 All My Patch creations include fabrics provided by the client, and I am therefore not able to offer CE certification on these products. They are sold as keepsakes only and are not intended for daily use or for use as toys by anyone under the age of 14.
    3.3 Unless requested otherwise, all scraps of fabrics sent by clients are donated to charity to be sold to a fabric recycling company. If you would like your scrap fabrics to be returned with your finished order please inform me of this before your scheduled week for production.  This may incur a postage surcharge.  All unused items will be returned intact with your finished order, unless instructed otherwise.
    3.4 Full care instructions and tips will be included on a Care Leaflet on your dispatch confirmation e-mail.
    3.5 I reserve the right to take photographs of any items I make and use said photographs without limitation and at any point during and after production of the order, including before the order is posted.

    4. Shipping

    4.1 The waiting list will be discussed and confirmed in your order confirmation, and I reserve the right to extend this, especially during busier periods such as around Christmas, Mother's Day and Father's Day. You will be kept informed of any delays during production. You will find regular updates to the waiting list on my Facebook page, www.facebook.com/neverlandcreations.
    4.2 Orders will be scheduled for delivery in the same shipment, unless arranged otherwise. If you have more than one item and/or you require delivery in more than one shipment, additional postage charges may apply.
    4.3 All finished items will be sent using a tracked and insured service, usually either Royal Mail's Next Day Special Delivery or ParcelForce's express48 for larger parcels. For orders outside of Europe an additional charge of the difference between standard and international postage may be made to the client. A signature will be required upon delivery. Priority postage is available at an additional charge which will be discussed at the time of placing your order.
    4.4 I will always contact you should an item or its components be unavailable. In this instance you will always be given the option of placing the item on back order, choosing an alternative or I will refund your transaction.
    4.5 The Memory Bear Company cannot dispatch orders to PO Boxes. I request that all of my clients have registered addresses. Neverland Creations reserves the right to decline any orders that do not meet my credit card billing criteria.
    4.6 Please ensure that you inform me of the correct postal address - this includes checking that your Paypal account shows the correct details and informing me if not. Unless informed otherwise, we will ship to the address on your order. If you move house or are planning to move house, please keep me updated as any returned items will incur additional postage charges to post back out to the correct address.
    4.7 All items are handmade to order and in accordance with the waiting list. If you need the items by a certain date, please check that I can fulfil the order in time before ordering.
    4.8 If your delivery is late or does not arrive in the delivery timescale please contact me at clare@thememorybearco.co.uk. In the event of a non-delivery I can only allow a replacement/refund after 20 working days has passed.  This is the timescale for the Royal Mail to classify a parcel as lost.

    5. Cancelling your order

    5.1 You may normally cancel your order (once accepted by me) for any reason before production starts. If you do cancel the order within this time any payments made by you will be refunded within 30 days. An administration fee of £5 will be deducted from the amount of the order. Once production has started or your order has been dispatched, please follow the guidelines for Returns/Refunds below.
    5.2 I reserve the right to cancel any order at any time for any reason, and refunds will be made as above.

    6. Returns and refunds

    6.1 I always hope you will be truly delighted with your purchases from Neverland Creations. I cannot accept returns on bespoke/made to order/special/personalised orders. An exception to this would be damaged items, or if I have not supplied the item ordered - please ake sure you have ordered correctly before contacting me.
    6.2 Please be aware that each item is individually made by hand. Any replacement that you are sent may not be exactly the same as the original product (obviously excluding any defects).
    6.3 I cannot be held responsible for customers not following instructions correctly when providing notes on personalisation. You must ensure that you check this fully before ordering as it will be copied directly from your instructions. 
    6.4 I cannot be held responsible for care instructions not being followed. Care instructions are included in the e-mail confirming dispatch, and can be requested at any time before or after you receive your order.  Please be aware that My Patch items cannot be CE tested and MUST be treated as keepsakes only.  They are not toys and should not be played with or handled excessively under any circumstances.
    6.5 If your order becomes faulty within 30 days of delivery, please e-mail clare@memorybearcompany.co.uk immediately to arrange to return the item to be inspected and made good. Your return postage charges will be refunded within 7 days of the item arriving with me.  All repairs and refunds are made at my discretion.
    6.6 Your statutory rights remain intact at all times.
    6.7 In the unlikely event of a return please e-mail clare@neverlandcreations.co.uk or telephone 07359 076751 and I will give you return address details. Once I have approved your return request you will be asked to return the item by insured delivery. I am not responsible for any items lost/damaged back in transit to me. I suggest you use a tracked and recorded service. In the event of a faulty item needing to be returned your shipping costs will be paid.
    6.8 Any payments made by you will be refunded within 30 days. An administration fee of £5 will be deducted from the amount of the order.