TERMS AND CONDITIONS AND DELIVERY CHARGES
Terms and Conditions of Trading
By placing an order with the Memento vivere Ltd. (mygiftbox.eu) company, it is deemed that you agree to the following terms and conditions.
“Seller” means Memento vivere Ltd. (mygiftbox.eu) company, whose registered address is Ulica 28. maja 55, 1000 Ljubljana, Slovenia
“Buyer” means the person or company who accepts the seller’s quotation for the sale of goods or whose order for the goods is accepted by the seller;
“Goods” means the goods (including any instalment of the goods or any parts of them), which the seller is to supply in accordance with these terms;
“Order” means the buyer’s acceptance of the sellers quotation for the goods or the order placed by the buyer for the goods whether by means of individual quotation, any published seller’s catalogue or website;
“Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the seller and the buyer;
These terms govern the sale of the goods sold by Memento vivere Ltd. (mygiftbox.eu) company to the buyer named on the order provided on the Memento vivere Ltd. (mygiftbox.eu) company website, catalogue, quotation or other order form via fax or post provided by the Memento vivere Ltd. (mygiftbox.eu) company and where the goods are supplied as a result of the buyer’s acceptance of the quotation. The completed order form, together with the terms constitute the entire and only agreement between the parties in relation to the sale of goods and comprises a legally binding contract between the parties.
2. Pricing and Payment
2.1 Where the buyer places an order on the Memento vivere Ltd. (mygiftbox.eu) company website, the price payable for the goods will be detailed on the website at the time the seller accepts the order.
2.2 Payment can be made by debit card, credit card or through PayPal on Memento vivere Ltd. (mygiftbox.eu) company website (all data is securely encrypted) or via telephone. On credit card / debit card payment via the Memento vivere Ltd. (mygiftbox.eu) company, the data is entered in to a third party screen and therefore no credit card or debit card details are held by the Memento vivere Ltd. (mygiftbox.eu) company. PayPal payments are made via third party PayPal software. Memento vivere Ltd. (mygiftbox.eu) company does not have detailed access to the buyers PayPal account and therefore the Memento vivere Ltd. (mygiftbox.eu) company will deliver to any address entered on the Memento vivere Ltd. (mygiftbox.eu) company website and not any address held by PayPal. The Memento vivere Ltd. (mygiftbox.eu) company cannot be held liable for any losses where the address detailed on the Memento vivere Ltd. (mygiftbox.eu) company website is not the required delivery address.
2.3 Memento vivere Ltd. (mygiftbox.eu) company generally sells to trade and therefore all our prices are net and exclude VAT. VAT at the current rate will be added at checkout stage, (currently 22%). VAT will be charged to all EEC destinations but will subsequently be refunded if the buyer contacts the Memento vivere Ltd. (mygiftbox.eu) company with a valid VAT number. All orders made outside the EEC destinations are sold VAT free; it is the buyer’s responsibility to pay any local VAT or duty charges.
2.4 All prices quoted exclude delivery charges, which are detailed in Section 3. below and any insurance required unless otherwise agreed in writing between parties.
2.5 The buyer may place an order following a written or verbal quotation from Memento vivere Ltd. (mygiftbox.eu) company and the prices of the goods will be detailed in the said quotation.
2.6 If the buyer accepts the seller’s quotation, then the prices contained therein are only valid for 14 days from the date of quotation. If the buyer wishes to order the goods stated in the quotation after this period then a new quotation should be obtained prior to placing an order.
2.7 Memento vivere Ltd. (mygiftbox.eu) company must receive payment for the total price of the goods and any applicable charges for VAT, carriage and insurance, before the order can be delivered unless otherwise agreed in writing.
2.8 Memento vivere Ltd. (mygiftbox.eu) company does not offer credit accounts, but in the event that goods are invoiced, the buyer shall pay all sums due Memento vivere Ltd. (mygiftbox.eu) company within 30 days of the date of invoice. If the buyer fails to make payment in full on the due date then without prejudice to any other right or remedy, the Memento vivere Ltd. (mygiftbox.eu) company shall be entitled to cancel the contract and / or suspend any further deliveries, and / or charge the buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of Slovenia Minimum Lending Rate from the date of payment due, with interest accruing on a daily basis.
2.9 Where palletized deliveries are requested, or necessary, pallets may be charged extra.
2.10 Memento vivere Ltd. (mygiftbox.eu) company reserve the right to investigate that a payment is bona fide prior to shipping.
2.11 Memento vivere Ltd. (mygiftbox.eu) company reserves the right to change prices without prior warning. If a pricing error occurs, the Memento vivere Ltd. (mygiftbox.eu) company will notify the buyer and the buyer will be given the option to either reconfirm the order at the correct price or cancel it.
3.Delivery and title
3.1 All delivery times quoted are estimates only and the Memento vivere Ltd. (mygiftbox.eu) company shall not be liable for any delay in delivery of the goods howsoever caused. This includes any consequential losses. Therefore please allow ample time for any unforeseen delays. Memento vivere Ltd. (mygiftbox.eu) company rely on third party delivery companies such as DPD and DHL and as such the Memento vivere Ltd. (mygiftbox.eu) company cannot be held liable for any failings on their part.
3.2 The Memento vivere Ltd. (mygiftbox.eu) company may decline to deliver if the Memento vivere Ltd. (mygiftbox.eu) company believe that it would be unsafe, unlawful or unreasonably difficult to do so, or the premises (or access to them) are unsuitable for any Memento vivere Ltd. (mygiftbox.eu) company vehicles or those vehicles of agents employed by the Memento vivere Ltd. (mygiftbox.eu) company to carry out delivery.
3.3 Delivery of the goods shall be made by Memento vivere Ltd. (mygiftbox.eu) company (or through an authorised agent) to the address of the buyer as stipulated on the order, or by the buyer collecting the goods at the Memento vivere Ltd. (mygiftbox.eu) company premises at any time after Memento vivere Ltd. (mygiftbox.eu) company has notified the buyer that the goods are ready for collection.
3.4 If the buyer fails to take delivery of the goods then without limiting any other right or remedy available to the seller, the Memento vivere Ltd. (mygiftbox.eu) company may store the goods until actual delivery and charge the buyer for reasonable costs (including insurance) of storage.
3.5 Memento vivere Ltd. (mygiftbox.eu) company offer three primary options for delivery which are detailed below:
Next Working Day courier service
In order to receive this service, all orders need to be placed before 1pm the working day before (excludes orders placed on weekends and bank holidays). Should the buyer place their order after 1pm, it will be dispatched the next working day for delivery the following working day. If there are any issues resulting in Memento vivere Ltd. (mygiftbox.eu) company being unable to dispatch for Next Working Day the buyer will be informed by telephone in the first instance and then by email if we are unable to reach you or leave a message. Please note that during busy periods, like Christmas there could be a delay in our courier delivering. Next working day is therefore NOT a GUARANTEED SERVICE. If your order does not reach you on a next working day we will refund the difference between the next day charge and the standard courier charge. Unfortunately the Next Working Day service is not applicable to non-EU and EU countries (except Slovenia). Please note; this does not apply to weekends or bank holidays.
Weekend Delivery Courier Service
Unfortunately the Weekend service is not applicable to non-EU and EU countries (except Slovenia). Please contact us if you need any further information. Please note; this may vary on bank holidays.
Standard Courier Service – 2-7 Working Days
Memento vivere Ltd. (mygiftbox.eu) company will endeavour to dispatch goods that are in stock as soon as possible, however if you are in a rush to receive your order please do not hesitate to give us a call or simply select Next Working Day Delivery at checkout before 1pm. If you are to choose the courier option for delivery please do ensure someone is there to receive the parcel. Should you need to leave any delivery instructions please do so at the checkout process in the ‘Delivery Instructions’ field. The courier company will attempt delivery twice before returning the goods to us. There will then be an additional charge to resend the items or we will refund the cost of the goods only. Our courier company is unable to deliver to BFPO addresses. When ordering, please ensure you put a company name where applicable. The courier company goes on company names more than building numbers, especially if you are located in a building with lots of companies. Where items are sent by Tracked courier these are sent by courier service and we are given a tracking number. Whilst every step is taken both by us and our courier service to ensure express delivery, this service is not guaranteed. Memento vivere Ltd. (mygiftbox.eu) company cannot be held liable for any consequential losses incurred, where deliveries are delayed or the incorrect items are sent. Delivery charges are calculated as follows for EU countries. Overseas orders are dispatched via Fed-Ex, DPD or DHL and can take between 2 and 7 days depending on your location. If your country is not on the dropdown menu at check out, please email your order to us at firstname.lastname@example.org. We will then come back to you with a postal cost as soon as possible. Once an order has been made with the Memento vivere Ltd. (mygiftbox.eu) company, no changes can be made after 3pm.
|Min weight||Max weight||Shipping Cost|
|1 grams||2001 grams||4.90€|
|2001 grams||7001 grams||6.48€|
|7001 grams||10001 grams||6.48€|
|10001 grams||15001 grams||6.48€|
|15001 grams||16001 grams||6.48€|
|16001 grams||17001 grams||6.80€|
|17001 grams||18001 grams||7.20€|
|18001 grams||19001 grams||7.50€|
|19001 grams||20001 grams||7.80€|
|20001 grams||21001 grams||10.20€|
|21001 grams||22001 grams||10.50€|
|22001 grams||23001 grams||11.00€|
|23001 grams||25001 grams||12.00€|
|25001 grams||28001 grams||13.40€|
|28001 grams||30001 grams||14.00€|
|30001 grams||40001 grams||16.68€|
|40001 grams||50001 grams||20.00€|
|50001 grams||80001 grams||27.65€|
For any parcels over 80000 grams, please check our website for the latest prices, alternatively call our customer service team on +386 51 452 452 for the latest information.
DPD – 3-10 working days
Memento vivere Ltd. (mygiftbox.eu) company uses DPD services for smaller parcels where the weight is within the DPD limits detailed below. The service used is DPD tracked. A signature is therefore not always required and delivery times are between 3-10 working days. Where a signature is required and no one is available to sign, a DPD card will be left detailing actions for a re-scheduled delivery.
3.6 Risk of damage to or loss of the goods shall pass to the buyer:
a) In the case of goods to be delivered at the buyers premises, at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the Memento vivere Ltd. (mygiftbox.eu) company has tendered delivery of the goods;
b) In the case of goods being collected from the premises of the Memento vivere Ltd. (mygiftbox.eu) company, at the time when the Memento vivere Ltd. (mygiftbox.eu) company notifies the buyer that the goods are ready for collection.
3.7 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these terms, the property in the goods shall not pass to the buyer until the Memento vivere Ltd. (mygiftbox.eu) company has received payment in full of the price of the goods together with any charges in respect of VAT, carriage and insurance.
3.8 Until such time as the property in the goods passes to the buyer, Memento vivere Ltd. (mygiftbox.eu) company may at any time require the buyer to deliver up the goods to the seller, and if the buyer fails to do so forthwith, enter on any premises of the buyer or any third party where the goods are stored and repossess the goods.
3.9 Goods sold on the website are sold in good faith and whilst every reasonable step is taken to ensure the correct picking and delivery of goods, errors do occur. Memento vivere Ltd. (mygiftbox.eu) company cannot accept the cost and liability of any consequential losses as a result of the delivery of incorrect products, damaged or faulty goods or failure to deliver to a specific deadline.
3.10 Where the contract provides for the delivery of goods by instalments, each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any one or more instalments shall not affect the balance of the contract or entitle the buyer to cancel the same.
3.11 It is the buyer’s responsibility to assist in the unloading of the goods from the vehicle making delivery. If the seller’s driver is obliged to unload the goods without assistance, the sellers reserve the right to charge a reasonable sum for such service.
3.12 If the buyer opts out of signed-for delivery, neither the Memento vivere Ltd. (mygiftbox.eu) company nor their carriers will be responsible for any loss.
4.1 Memento vivere Ltd. (mygiftbox.eu) company will endeavor to hold sufficient stock to meet all orders, however if there is insufficient stock to supply or deliver the goods already paid for by the buyer, the Memento vivere Ltd. (mygiftbox.eu) company shall, at its discretion, supply or deliver a substituted product, or refund to the buyer the price paid for the goods as soon as possible and in any event within 30 days. Memento vivere Ltd. (mygiftbox.eu) company will notify the buyer of any stock shortages and where possible, the seller will be given the option to request a backorder and Memento vivere Ltd. (mygiftbox.eu) company will provide the buyer with approximate timescales of backorder delivery.
4.2 Where products are customized for the buyer, the Memento vivere Ltd. (mygiftbox.eu) company shall be entitled to vary the quantity of the customized products by plus or minus 10% of the total order, or as specified on any quotation provided.
4.3 Memento vivere Ltd. (mygiftbox.eu) company reserves the right to make, without notice any minor modifications in the specifications, designs or materials that Memento vivere Ltd. (mygiftbox.eu) company deem necessary or desirable.
5. Return of goods
It is recommended that you obtain a sample from Memento vivere Ltd. (mygiftbox.eu) company before placing a large wholesale order, so you can be assured of the quality of our products. This protects both you and us from unnecessary returns. If you wish to return goods, then please contact the Memento vivere Ltd. (mygiftbox.eu) company for a Returns Form and enclose this with your returned order. It is advised that you use a carrier who provides proof of delivery for any returns made. If you would like us to arrange collection, please contact the sales office on +386 51 452 452. A courier charge will be applicable for this service.
5.1 The buyer shall be entitled to cancel the order for standard and stock products by giving Memento vivere Ltd. (mygiftbox.eu) company notice of cancellation within 30 days of the date of collection or delivery. Such notice may be given by mailing, faxing or emailing to the number or address set out on the order form.
5.2 On cancellation the buyer shall return the goods to the Memento vivere Ltd. (mygiftbox.eu) company at its own cost unless the goods are being returned because they are faulty, incorrect goods, or because of unsuitable substitution by the Memento vivere Ltd. (mygiftbox.eu) company, in which case the Memento vivere Ltd. (mygiftbox.eu) company will meet the cost of return subject to being able to nominate the carrier.
5.3 If the buyer wishes to cancel an order for bespoke products, notice of cancellation must be made within 7 days of placing the order, however such cancellation shall be subject to a fee in respect of any work carried out by Memento vivere Ltd. (mygiftbox.eu) company up to the date of receipt of such notice.
5.4 Where the buyer returns goods to the Memento vivere Ltd. (mygiftbox.eu) company for reasons other than such goods being defective or faulty, the Memento vivere Ltd. (mygiftbox.eu) company reserves the right to charge the buyer a fee in respect of restocking the said goods.
5.5 The buyer is required to ensure that any goods being returned to the seller are safely and securely packaged in their original packaging and condition, to ensure that they are returned undamaged and suitable for re-sale. Memento vivere Ltd. (mygiftbox.eu) company reserves the right to charge the buyer for any goods which it is unable to re-sell.
6.1 A claim by the buyer which is based on any defect in the quality, quantity or condition of the goods shall be notified to Memento vivere Ltd. (mygiftbox.eu) company in writing, within 7 days of the delivery of the defect or failure. If delivery is not refused and the buyer does not notify the Memento vivere Ltd. (mygiftbox.eu) company accordingly, the buyer shall have no right to reject the goods and the Memento vivere Ltd. (mygiftbox.eu) company shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
6.2 Where the buyer does notify the Memento vivere Ltd. (mygiftbox.eu) company that there is a valid claim in respect of any of the goods, the Memento vivere Ltd. (mygiftbox.eu) company may replace or repair the goods or at its discretion refund to the buyer the price of the goods, in which case Memento vivere Ltd. (mygiftbox.eu) company shall have no further liability to the buyer. The buyer will also allow the Memento vivere Ltd. (mygiftbox.eu) company a fair chance to inspect the goods for any damages or defects. The Memento vivere Ltd. (mygiftbox.eu) company shall not be liable to the buyer for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to the buyer by way of compensation other than any refund made under these terms. This does not affect the buyer’s statutory rights as a consumer, nor is it intended to exclude the Memento vivere Ltd. (mygiftbox.eu) company’s liability to the buyer.
6.3 The Memento vivere Ltd. (mygiftbox.eu) company shall be under no liability in respect of any defect in the goods arising from any drawing or specification supplied by the buyer. Neither shall the Memento vivere Ltd. (mygiftbox.eu) company be liable for any errors in proofs approved by the buyer and the Memento vivere Ltd. (mygiftbox.eu) company is not responsible for checking the accuracy of information supplied by the buyer in electronic form.
6.3a The Memento vivere Ltd. (mygiftbox.eu) company shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, external force, damage caused by the buyer or any other party, or damage caused by the incorrect installation, use, modification, storage or repair of the goods.
6.3b The buyer is responsible for ensuring that any food, drug or other substance of a volatile nature is not likely to be affected by any material used in the manufacture, printing or handling of the goods. The Memento vivere Ltd. (mygiftbox.eu) company are not liable if such food, drug or other substance has been adversely affected, and the buyer will indemnify the Memento vivere Ltd. (mygiftbox.eu) company and keep the Memento vivere Ltd. (mygiftbox.eu) company indemnified from and against all third party claims that any food, drug or other substance has been adversely affected and caused third party loss, damage or expense.
6.4 Subject to clause 6.3 above the Memento vivere Ltd. (mygiftbox.eu) company warrants that the goods will be free from defects in material and workmanship for a period of 6 months from the date of delivery unless otherwise stated in writing.
6.5 Compatibility testing for any product to be contained within products supplied by the Memento vivere Ltd. (mygiftbox.eu) company is highly recommended and the Memento vivere Ltd. (mygiftbox.eu) company cannot be held liable for any tarnishing due to contact.
7. Force Majeure
The Memento vivere Ltd. (mygiftbox.eu) company shall have no liability to the buyer for any failure or delay in supply or delivery or for any damage or defect to the goods supplied or delivered hereunder that is caused by any event or circumstance beyond the reasonable control of the Memento vivere Ltd. (mygiftbox.eu) company (including without limitation, strikes, lockouts, acts of god, accidents, explosion, transport delays and difficulty in obtaining supplies.) Where any such incident occurs the Memento vivere Ltd. (mygiftbox.eu) company may cancel or suspend any obligations to the buyer without liability.
8.1 Slovenian law is applicable to any contract made under these terms. The Slovenian court has nonexclusive jurisdiction.
8.2 If any of these terms are unenforceable as drafted, it will not affect the enforceability of any of the other terms and if it would be enforceable as amended, it will be treated as so amended.
8.3 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
8.4 All catalogues, brochures and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between the Memento vivere Ltd. (mygiftbox.eu) company and the buyer and the buyer should not rely on them in entering any contract with Memento vivere Ltd. (mygiftbox.eu) company.
8.5 Overprinting – where products are overprinted on ready made products, imperfections may occur due to prior creases, folds and bevels. Overprinted products cannot be returned unless there is an agreed fault or damage outside reasonable tolerances for overprints and where this should occur, liability will be limited to the replacement of goods or a refund as agreed with the buyer.
8.6 The Memento vivere Ltd. (mygiftbox.eu) company has not reviewed all sites linked to its Internet site and is not responsible for any contents of any such linked site. The inclusion of any link does not reflect any endorsement by Memento vivere Ltd. (mygiftbox.eu) company of the site. Use of any such linked web site as at the users own risk.
8.7 The materials appearing on the Memento vivere Ltd. (mygiftbox.eu) company’s website could include technical, typographical or photographic errors. The Memento vivere Ltd. (mygiftbox.eu) company does not warrant that any of the materials included in the web site and associated literature including catalogues and brochures are accurate, complete or current. The Memento vivere Ltd. (mygiftbox.eu) company may make changes to the materials contained on its web site at any time without notice.
8.8 The colours of products shown on the Memento vivere Ltd. (mygiftbox.eu) company web site are for illustrative purposes only and are accurate in terms of photography, but may vary depending on the type and resolution of the screen used for ordering. The Memento vivere Ltd. (mygiftbox.eu) company cannot accept any liability for differences in product colours. Product colours may also vary from batch to batch and therefore the buyer may not reject or make any claim in respect of ink colours where the goods are of the same general shade and density of colour. Where there is a high-recycled paper content please allow for slightly wider batch variations as the substrate content differs from batch to batch significantly.
8.9 Sizes, grammage and gauge quoted on the Memento vivere Ltd. (mygiftbox.eu) company web site and in any associated literature such as catalogues and brochures are approximate and may differ up to +/- 10%, including differences within each product batch. Please request a sample prior to ordering if size, gauge or grammage is of utmost importance. The Memento vivere Ltd. (mygiftbox.eu) company cannot accept any liability for any such differentials within these specified tolerances. All dimensions quoted on the Memento vivere Ltd. (mygiftbox.eu) company web site and associated literatures are internal dimensions, not external dimensions.
The Memento vivere Ltd. (mygiftbox.eu) company does not disclose buyer’s information to any third parties other than when the order details are processed as part of the order fulfilment. In this case the third party will not disclose any information to any other third party.
Cookies are used on the Memento vivere Ltd. (mygiftbox.eu) company web site where they are strictly necessary for the site functionality. They are used to aid navigation and to keep the contents of any shopping cart. Where a buyer logs in, the log in status is kept as a temporary cookie. Cookies can be turned off by blocking them in the browser privacy settings. If cookies are turned off it will not be possible to place orders on the website or benefit from other features that use them.
This website and all its contents are copyright protected. Any infringement will be pursued.
Any printed works are assumed that the customer or buyer has authority to use any logos, branding or designs requested. Memento vivere Ltd. (mygiftbox.eu) company cannot be held liable for any consequential losses or any brand misuse.
The Memento vivere Ltd. (mygiftbox.eu) company are happy to send out one free sample per customer, for any additional boxes these are charged at the single box rate plus postage. The free samples exclude the luxury box range, (these have to be paid for, you can do this by placing one in your basket). For samples of tissue paper and ribbon, these are sent out as small swatches and can be ordered by emailing email@example.com all free samples are sent via 2nd class post. Should you require an urgent sample to be sent via tracked courier, there will be a notional charge for this service.
If goods arrive damaged, we will arrange a collection of the goods. When they arrive into us, they will be inspected for the damages, and decided on replacements sent (if applicable).
Appointments & Collections
If you wish to come and purchase boxes from our offices, please give us a call with your order 1 hour in advance so that the stock can be brought to the office. If you require an appointment to look through various options of our boxes, please call and arrange an appointment at least 1 hour prior to arriving. We hold the majority of our stock on premises so if you could please let us know what colours or styles you are looking for prior to arriving we can ensure we have the most suitable boxes available for you to look at. We look forward to meeting you!
Memento vivere Ltd. (mygiftbox.eu) company and Bespoke Packaging
Terms and Conditions for personalised digital print packaging and Bespoke Packaging
- Printed and personalised products
9.1 Personalising products
Memento vivere Ltd. (mygiftbox.eu) company aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that content you have contributed for inclusion in a personalised product is correct, and (for example) is correctly spelt. Once the order has been placed and paid for, you cannot make changes to your order, unless you contact us immediately and your order has not already gone to print. If you need to make changes then you will need to contact our Customer Service Team by phone at +386 51 452 452 to do so during our standard opening hours (which are 9.00am – 5.00pm GMT, Monday to Friday, except Public Holidays in Slovenia). If your order has already gone to print, then no changes can be made.
If you are uploading a photo, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image, we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it. However, an on-screen warning will generally appear to let you know that the image may not appear very well on the selected personalised product.
By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Memento vivere Ltd. (mygiftbox.eu) company or the requirements of the product you have ordered (such as by cropping images).
Delivery time for the Work is 7-10 Working Days, however this is a guide only as delivery times may vary. Please refer to 9.3d.
Next day delivery is not available for this service.
9.2. Proofs and variations
Memento vivere Ltd. (mygiftbox.eu) company shall incur no liability for any errors not corrected by the Buyer where the Buyer has been provided with proofs. The Buyer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Memento vivere Ltd. (mygiftbox.eu) company’s judgement, changes therefore made by the Buyer shall be charged extra.
- Where the Buyer specifically waives any requirement to examine proofs the Seller is indemnified by the Buyer against any and all errors in the finished Work.
- Colour proofs – Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing.
- Variations in quantity – Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 10 per cent. Therefore, work being either over or under will be charged or deducted, unless otherwise agreed in writing.
- If the Work is defective so that the Buyer may in law reject it, said rejection must take place within seven (7) days of delivery of the goods, failing which the Buyer will be deemed to have accepted the Work.
- In the event of all or any claims or rejections the Memento vivere Ltd. (mygiftbox.eu) company reserves the right to inspect the Work within seven days of the claim or rejection being notified.
Insofar as is permitted by law where Work is defective for any reason, including negligence, the Memento vivere Ltd. (mygiftbox.eu) company’s liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.
- Where the Memento vivere Ltd. (mygiftbox.eu) company performs its obligations to rectify defective Work under this condition the Memento vivere Ltd. (mygiftbox.eu) company shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Buyer shall not be entitled to any further claim in respect of the Work nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
- Defective Work must be returned to the Memento vivere Ltd. (mygiftbox.eu) company before replacement or credits can be issued. If the subject Work is not available to the Memento vivere Ltd. (mygiftbox.eu) company, the Memento vivere Ltd. (mygiftbox.eu) company will hold that the Buyer has accepted the Work and no credits or replacement Work will be provided.
- The Memento vivere Ltd. (mygiftbox.eu) company shall not be liable for direct or indirect loss, consequential loss or third-party claims occasioned by delay in completing the work or for any loss to the Buyer arising from delay in transit, whether as a result of the Memento vivere Ltd. (mygiftbox.eu) company’s negligence or otherwise.
- Where the Memento vivere Ltd. (mygiftbox.eu) company offers to replace defective Work the Buyer must accept such an offer unless the Buyer can show clear cause for refusing to do so. If the Buyer opts to have the work re-done by any third-party without reference to the Memento vivere Ltd. (mygiftbox.eu) company, the Buyer automatically revokes the right to any remedy from the Memento vivere Ltd. (mygiftbox.eu) company, including but not exclusively the right to a credit in respect of Work done by the Memento vivere Ltd. (mygiftbox.eu) company.
- Where the Work will be forwarded by or on behalf of the Buyer to a third party for further processing the Buyer will be deemed to have inspected and approved the Work prior to forwarding and the Memento vivere Ltd. (mygiftbox.eu) company accepts no liability for claims arising subsequent to the third party’s processing.
- Nothing in these conditions shall exclude the Memento vivere Ltd. (mygiftbox.eu) company’s liability for death or personal injury as a result of its negligence.
9.4 Order Acceptance
From time to time, we may reject an order for the following reasons:
- If, unfortunately, we do not have your chosen product in stock
- Where we cannot obtain authorization for your payment
- If there has been a relevant pricing or product description error
- If your order otherwise breaches any of the requirements of these Terms
- The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated
- If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 9.5 below for our Content Rules)
- We suspect that the order has been placed fraudulently
- It appears that the order mistakenly duplicates another order
- If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
- Note that we may bar or prevent an individual account, user, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
If you do not agree to these Terms, you must not use this website
9.5 Content Rules
We do not permit personalised products to include any content or material which:
- Infringes anyone’s copyright: in particular, you must ensure that you either own the copyright of an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product
- Infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
contravenes any applicable law (including, without limitation, any criminal law) or regulation
- Is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
misrepresents identity or impersonates any person
- Includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
- Contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
or that may incite hatred or violence against any person or group
- May harass, upset, embarrass or alarm any person
- Gives the impression that it emanates from or has been approved by us
- Advocates, promotes or assists any unlawful act
The above are our Content Rules.
9.6. Returning products and issuing refunds
Unfortunately, personalised / printed / branded cannot be returned under any circumstances unless they are faulty or damaged. Where an item is faulty, we will ask you to return it to us within seven (7) days of receipt. You can contact our Customer Service Team for a returns address on +386 51 452 452 or at firstname.lastname@example.org. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with, or back to the PayPal account originally used. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Itens must be returned in original packaging and state alongside the original paperwork.
Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 9.1, ‘Personalising products’, for more information.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Memento vivere Ltd. (mygiftbox.eu) company website or App, or anything done while your Account is logged into the Memento vivere Ltd. (mygiftbox.eu) company Website or App.