Terms and Conditions
BACKGROUND
These Terms and Conditions set out the conditions upon which Services are offered to consumers by Daniel Bauhahn t/a My Memories Unboxed of 12 Woodroffe Way, East Leake, LE12 6AL.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in England;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of My Memories Unboxed Services, as explained in Clause 3;
“Month” means a calendar month;
“Order” means your order for My Memories Unboxed Services;
“Order Confirmation” means My Memories Unboxed acceptance and confirmation of your Order as described in Clause 3;
“Package” means a package of My Memories Unboxed Services as detailed on My Memories Unboxed Website prior to You making a purchase. Details of which will be detailed in Your Order Confirmation;
“My Memories Unboxed Services” means the services provided by My Memories Unboxed including photo scanning.
“Lien” means My Memories Unboxed may retain Your images as a form of security until payment of the services is secured by My Memories Unboxed;
“Deposit” means an advance payment made to My Memories Unboxed under sub-Clause 5.2;
“You/Your” means the person purchasing the Services and subject to these Terms & Conditions;
“Us” means My Memories Unboxed; and
“Website” means https://mymemoriesunboxed.co.uk.
2. Information About My Memories Unboxed
2.1 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.
2.2 You may contact us in writing at 12 Woodroffe Way, East Leake, LE12 6AL or by email at hello@mymemoriesunboxed.co.uk.
2.3 My Memories Unboxed is not VAT registered.
3. The Contract
3.1 These Terms and Conditions govern the sale and provision of My Memories Unboxed Services and will form the basis of the Contract between you and My Memories Unboxed. Under the Contract, My Memories Unboxed will provide the Services and you will pay for them in accordance with the terms set out in these Terms and Conditions. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.
3.2 Nothing provided by My Memories Unboxed including, but not limited to, sales and marketing literature, price lists and other material constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that My Memories Unboxed may, at his/her sole discretion, accept.
3.3 A legally binding contract between you and My Memories Unboxed will be created upon My Memories Unboxed acceptance of your Order, indicated by My Memories Unboxed Order Confirmation. Order Confirmations will be provided in writing by email.
3.4 The following information will be given or made available to you prior to the formation of the Contract between you and My Memories Unboxed, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of My Memories Unboxed Services;
3.4.2 My Memories Unboxed identity (as shown above under the title “Background”) and contact details (as shown below in Clause 12);
3.4.3 The total Price and Deposit for My Memories Unboxed Services including taxes or, if the nature of My Memories Unboxed Services are such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 The arrangements for payment, performance and the time by which (or within which) My Memories Unboxed undertakes to perform My Memories Unboxed Services;
4. Orders
4.1 All Orders for My Memories Unboxed Services made by you will be subject to these Terms and Conditions.
4.2 When placing an Order, you will be required to provide the following details:
4.2.1 The Services you require;
4.2.2 Scanning – Where you opt for scanning services You will be required to provide an estimate of volume. This volume will determine the price you receive. Where You have underestimated the volume My Memories Unboxed will charge You for the amount scanned which may increase the price estimate you selected. Vice versa, where You have overestimated the volume My Memories Unboxed will reduce the Order Price to reflect the true volume. By proceeding with Your order You understand and accept that the price may increase or decrease on this basis. My Memories Unboxed will, once the items are received and scanned, provide You with the exact number of scans carried out.
4.2.3 Your address and contact details; and
4.2.4 The earliest date upon which the photos or slides will be packaged and available for collection.
5. Price and Payment
5.1 The Price of My Memories Unboxed Services will be calculated based upon the Package that you choose upon ordering and will be made clear to You when purchasing via My Memories Unboxed Website.
5.2 At the time of making Your Order you will be required to pay a Deposit equal to 25% of the package price.
5.3 My Memories Unboxed prices may change at any time but these changes will not affect Orders that have already been accepted.
5.4 An exception to sub-Clause 5.3 is where you have incorrectly estimated the volume detailed in sub-Clause 4.2.2 in which case you will be charged at the rate in force for that volume at the time You made Your Order.
5.5 My Memories Unboxed may charge reasonable expenses in addition to the Price, including travel and any administration charges. No such sums will be incurred or charged without your prior express agreement.
5.6 In certain circumstances, if your Order is cancelled, you may be entitled to a refund. Please refer to Clause 11 for further details.
5.7 Upon the works being completed You will be notified of the same by email. You will be provided with an invoice for the balancing payment, including any additional approved expenses, attached to this email. This payment is due prior to any images being released to You.
5.8 My Memories Unboxed accepts the following methods of payment:
5.8.1 Bank transfer.
5.8.2 Credit of debit cards processed via Website.
5.8.3 Where the Services are provided locally, and upon separate agreement, My Memories Unboxed may accept payment in cash or by cheque.
5.9 Until such time as full payment is made My Memories Unboxed will be entitled to hold a Lien over your images.
6. My Memories Unboxed Services
6.1 My Memories Unboxed operates a personal collection service of the images within a 10 mile radius of East Leake. Subject to availability and You being within the 10 mile radius My Memories Unboxed will endeavour to collect Your images personally. My Memories Unboxed may, at their discretion extend the radius out on occasions. Where My Memories Unboxed is unable to personally collect images a courier will be instructed for collection.
6.2 As required by law, My Memories Unboxed will provide the Services with reasonable skill and care, consistent with best practices and standards in the photo scanning market, and in accordance with any information provided by My Memories Unboxed about themselves.
6.3 Subject to the specification of your chosen Services, and any other requirements You set out (which My Memories Unboxed will use their reasonable endeavours to accommodate), My Memories Unboxed shall use their own judgement to achieve the best scanning quality possible. However given the nature of the Services My Memories Unboxed cannot guarantee the overall quality of any restoration but will do their best to ensure the image is enhanced and scanned to a suitable quality. The end result will largely depend on the quality of the original image(s) provided by You.
6.4 It will not be the responsibility of My Memories Unboxed to obtain any consents, permissions, licences, clearances or intellectual property rights to use, scan, adapt, alter or restore any images provided by You. In providing to My Memories Unboxed Your images You confirm that You have the required permission to instruct My Memories Unboxed to carry out the Services.
7. Copyright and Licence
7.1 All Intellectual Property Rights subsisting in any images provided by You shall at all times remain Your property. Nothing in these Terms & Conditions shall vest any rights in any material provided by, or otherwise belonging to You (or its licensors, as appropriate) to My Memories Unboxed. You hereby grant to My Memories Unboxed limited, non-exclusive, non-transferable, revocable, worldwide licence to use any and all images for the purposes of providing the Services to You under these Terms & Conditions.
7.2 My Memories Unboxed shall retain the ownership of any and all Intellectual Property Rights that may subsist in the processes used in the course of the Services.
7.3 Upon receipt in full of all sums due the copyright and any and all other Intellectual Property Rights subsisting in images created by My Memories Unboxed shall be assigned to You and My Memories Unboxed shall be deemed to have waived any and all moral rights in respect of the same. My Memories Unboxed shall execute all documents and take all actions necessary or reasonably requested by You to document, obtain, maintain, perfect or assign its rights in such content.
7.4 Once assigned You hereby grant a royalty-free, non-exclusive licence to My Memories Unboxed which shall continue after the termination of these Terms & Conditions, to use any of the images in promotional material. You may revoke the licence by giving My Memories Unboxed notice in writing of not less than 30 days’.
8. Problems with My Memories Unboxed Services and Your Legal Rights
8.1 My Memories Unboxed will always use their reasonable efforts to ensure that their provision of My Memories Unboxed Services is trouble-free. If, however, there is a problem with My Memories Unboxed Services, please inform Us as soon as is reasonably possible.
8.2 My Memories Unboxed will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
8.3 As a consumer, you have certain legal rights with respect to the purchase of Services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If My Memories Unboxed does not perform their Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price. If My Memories Unboxed Services are not performed in line with information that My Memories Unboxed has provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if My Memories Unboxed breach concerns information that does not relate to the performance of My Memories Unboxed Services), you have the right to a reduction in price. If for any reason My Memories Unboxed is required to repeat the Services in accordance with Your legal rights, My Memories Unboxed will not charge You for the same and will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full price and, where You have already made payment(s) to My Memories Unboxed, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 Calendar Days starting on the date on which My Memories Unboxed agrees that you are entitled to the refund) and made via the same payment method originally used by You. In addition to Your legal rights relating directly to My Memories Unboxed Services, You also have remedies if My Memories Unboxed provides goods that are not of satisfactory quality, not fit for purpose, not as described or not in accordance with samples shown (unless differences have been brought to Your attention i.e. they have indicated that the images provided by You are of poor or unworkable quality).
9. My Memories Unboxed Liability
9.1 My Memories Unboxed has in place appropriate Professional indemnity insurance.
9.2 My Memories Unboxed will be responsible for any foreseeable loss or damage that You may suffer as a result of their breach of these Terms and Conditions or as a result of their negligence (including that of any of My Memories Unboxed employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of My Memories Unboxed breach or negligence or if it is contemplated by You and My Memories Unboxed when the Contract is created. My Memories Unboxed will not be responsible for any loss or damage that is not foreseeable.
9.3 My Memories Unboxed Services are for private (i.e. non-commercial) purposes only. My Memories Unboxed makes no warranty or representation that My Memories Unboxed Services are fit for commercial, business or industrial purposes of any kind. By making Your Order, you agree that You do not have such purposes in mind and will not be using My Memories Unboxed Services in such a context. My Memories Unboxed will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
9.4 Nothing in these Terms and Conditions seeks to exclude or limit My Memories Unboxed liability for death or personal injury caused by their negligence (including that of any of My Memories Unboxed employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.5 Nothing in these Terms and Conditions seeks to exclude or limit My Memories Unboxed liability for failing to perform the Services with reasonable care and skill.
9.6 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.
10. Events Outside of My Memories Unboxed Control (Force Majeure)
10.1 My Memories Unboxed will not be liable for any failure or delay in performing their obligations where that failure or delay results from any cause that is beyond their 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, pandemics, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), theft, epidemic or other natural disaster, or any other event that is beyond My Memories Unboxed reasonable control.
10.2 If any event described under this Clause 10 occurs that is likely to adversely affect My Memories Unboxed performance of their obligations under these Terms and Conditions:
10.2.1 My Memories Unboxed will inform You as soon as is reasonably possible;
10.2.2 My Memories Unboxed obligations under these Terms and Conditions will be suspended and any time limits that he/she is bound by will be extended accordingly (where such extension is reasonably possible);
10.2.3 My Memories Unboxed will inform You when the event outside of their reasonable control is over and provide any new dates, times or availability as necessary;
10.2.4 If the event outside of My Memories Unboxed reasonable control continues for more than 3 months or is likely to prevent My Memories Unboxed from providing the Services, the Contract will be cancelled in accordance with My Memories Unboxed right to do so under sub-Clause 11.5 and You will be informed 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 Calendar Days of My Memories Unboxed cancellation notice.
11. Cancellation
11.1 If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Order Confirmation (i.e. when the Contract between You and Us is formed) and ends 14 calendar days after the date of Your Order Confirmation. In the event that You cancel within this period and a courier fee or travelling expenses have been incurred You will be liable for those costs. Those costs will be subtracted from your Deposit paid with any balance being returned to You within 14 days.
11.2 After the 14 day cooling-off period You may change your Order at any time prior to work commencing. Please note that where collection of Your images has taken place You will be liable for the cost of the courier for both collection and return of Your images. Where images have been personally collected You will liable for an administration fee which will be calculated based on the time spent in collecting along with an amount to cover travel costs. Those costs will be subtracted from your Deposit paid with any balance being returned to You within 14 days.
11.3 Once work has commenced on the Services You may cancel but you will be liable for courier fees, the administration charge mentioned above and a proportion of Fees calculated on a time spent basis. Those costs will be subtracted from your Deposit. Where the Deposit is insufficient to cover the costs you will be invoiced for the balance due prior to your photos being returned to You.
11.4 If any of the following occur, You may cancel the Contract immediately by giving My Memories Unboxed written notice.
11.4.1 My Memories Unboxed breaches the Contract in any material way and has failed to remedy that breach within 3 months of You asking them to do so (where it is reasonably possible to remedy such breach. If it is not, the material breach will trigger the right to cancel immediately); or
11.4.2 An encumbrancer takes possession of any of the property or assets of My Memories Unboxed;
11.4.3 My Memories Unboxed enters into a voluntary arrangement with their creditors or, where My Memories Unboxed is a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
11.4.4 My Memories Unboxed has a bankruptcy order made against them;
11.4.5 My Memories Unboxed ceases, or threatens to cease, to carry on business;
11.4.6 My Memories Unboxed is unable to provide My Memories Unboxed Services due to an event outside of their control (as under sub-Clause 10.2.4); or
11.4.7 My Memories Unboxed changes these Terms and Conditions to your material disadvantage.
11.5 My Memories Unboxed may cancel the Services at any time. In the event of cancellation My Memories Unboxed will return any images provided to them along with Your Deposit within 14 days.
11.6 If any of the following occur, My Memories Unboxed may cancel the Contract immediately by giving you written notice:
11.6.1 You have breached the Contract in any material way and have failed to remedy that breach with 14 days of My Memories Unboxed asking you to do so in writing; or
11.6.2 My Memories Unboxed is unable to provide the Services due to an event outside of their control (for a period longer than that in sub-Clause 10.2.5).
11.7 For the purposes of this Clause 11 a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
12. Communication and Contact Details
If You wish to contact My Memories Unboxed with questions or complaints, You may do by using the contact details in clause 2.2 above.
13. How My Memories Unboxed Uses Your Personal Information (Data Protection)
13.1 All personal data that My Memories Unboxed may use will be collected, processed, and held in accordance with the provisions of all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended (“the Data Protection Legislation”) and your rights under the Data Protection Legislation.
13.2 For complete details of My Memories Unboxed collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to My Memories Unboxed Privacy Notice available here.
14. Other Important Terms
14.1 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without My Memories Unboxed express written permission.
14.2 The Contract is between You and My Memories Unboxed. 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.
14.3 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.
14.4 Conditions means that My Memories Unboxed has waived that right, and no waiver by My Memories Unboxed of a breach of any provision of these Terms and Conditions means that My Memories Unboxed will waive any subsequent breach of the same or any other provision.
15. Access to Digital Images
15.1 Upon completion of the works My Memories Unboxed will provide You with a USB containing all Digital Images.
15.2 Up receipt of the USB You remain responsible for the safety and preservation of all Digital Images.
15.3 Unless otherwise requested, My Memories Unboxed will retain a copy of your Digital Images for 1 calendar year before deletion.
16. Third Party Companies, Software and Platforms
16.1 My Memories Unboxed utilises couriers to enable easy collection and return of images. Whilst every effort has been made to choose a third party company that is reputable My Memories Unboxed is not responsible for their work, delays, loss or damage whilst images are transported to and from You.
16.2 My Memories Unboxed utilises third party software and platforms. They are not be liable for any defects caused by third party programs or software that may be used in the course of carrying out services.
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 As a consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.