These terms and conditions set out the basis on which you can use our website and place orders for items from Global Memorials. By ordering goods from this website, you are deemed to have understood and accepted these terms and conditions.
By using the Services you are indicating your acceptance to be bound by these Terms and Conditions. They form a legal agreement between you and us and can only be amended with our consent. Any purchases you make are subject to these Terms and Conditions.
We reserve the right to change these Terms and Conditions from time to time without prior notice, provided that any such change will not affect any purchases you have made before the change is implemented. Your continued use of the Services shall signify your acceptance to be bound by the latest Terms and Conditions.
Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms and Conditions.
If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the services shall remain at all times vested in us or our licensors. You are permitted to use this material only if expressly authorised by us or our licensors.
All content available on the Website (the “Content”) is our property and is protected by UK and international copyright laws. Any trade marks, logos, and service marks displayed on the Website that may be registered and unregistered marks and are protected by UK and international trade mark laws. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any 3rd party unless agreed upon in writing by Global Memorials.
Global memorials reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.
No term of any contract subject to these Terms and Conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to such contract.
Any formal legal notices should be sent to us at the address at the end of these Terms and Conditions by post or by email and confirmed by post.
You and we agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
HOW TO ORDER
This website is strictly trade, that’s why it doesn’t show any prices. Once you become a retailer we provide you with order forms catalogues and price list (subject to acceptance and conditions).
To purchase products from this site you must email us your business details, however if your not a business, you can still email us and we may have a Global retailer that stocks our products and maybe able to help you.
You can Post your order to us or email your order and photo’s, by doing so you are agreeing to our terms and conditions. We will email you a pro-forma invoice unless you have a credit facility with us. If you have ordered by post your photo will be returned to you with your purchased product. Please keep a copy of your photo in case it gets lost or damaged during shipping.
We produce over 800 products of which some are exclusive designs and may not be available elsewhere.
Our porcelain products are available in colour or black & white and hundreds of various shapes and sizes. We produce products made from porcelain/granite, also 9ct, 18ct, Platinum, 925 Silver and other precious metals. Please refer to production description for further details.
We have a large selection of stockists worldwide who stock a range of our products. If you wish to apply and sell our range of memorial products, Urns, Photo Plaques, Granite, Marble and much more then please email or call us. (Conditions apply)
If you require assistance please email or call us, if we are busy at the time of your call we promise to return your call as soon as possible. We recommend you email your question or problem and we can then pass it to the relevant department who will get back to you.
We want you to be 100% totally satisfied
We Guarantee the colours on our porcelain products will never fade, they are specially produced for outdoor or indoor use and can be used under water if required (excludes any gold/silver border that may have been added to the porcelain product). We will replace any product which is delivered in a damaged or faulty condition. Global Memorials will replace the product with the same, or a similar product (subject to stock availability). Contact a member of our Customer Care team by email. Please include your details and order number or reference if possible with the returned product and you require a replacement (subject to stock availability). The buyer agrees that the product is a personalised product, (excludes standard products) the design, spelling and punctuation and will not be changed once confirmation of order has been sent to us by you unless we have made an error on our part, providing you have requested a proof. You should return the goods to us in the original packaging, if you return the goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a fully insured secure delivery method. If goods are lost or damaged in transit, we may charge you the amounts that are attributable to the loss or damage.We reserve the right to refuse to issue a replacement product and to recover the cost of the return delivery from you in the event that the product is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear. We do ask that damaged or faulty products are returned promptly within 7 days.
AVAILABILITY AND DELIVERY
Your order will be fulfilled and delivered within 7-10 days possibly sooner (U.K. only, outside U.K. may take longer) from confirmation of order unless there are exceptional circumstances. We are not liable for any delays in delivery howsoever caused. Express delivery available if your order is urgent, please email us regarding your urgent order. Extra charges and shipping costs will apply.
PRICE AND PAYMENT
You can apply in writing for a 30 day Business credit account (SUBJECT TO STATUS) If you don’t have a credit account we will email you a pro-forma invoice. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Prices may change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
YOUR SUBMISSIONS TO US
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. ELIGIBILITY TO USE OUR SITE
If you wish to purchase Products through our website you must
(a) validly complete the registration form
(b) provide us with a valid email address
(c) validly hold one of the following debit or credit cards – Mastercard, Electron, VISA, Delta, Solo, Maestro;
(d) be at least 18 years old
(e) you are a sole trader or Ltd company
We may create an online user account for you on whom you will be able to view your purchases and update your user information. If we do create an online account for you, you may cancel this account by notifying us by email: email@example.com
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You must place your order using the on-line ordering process and by clicking the confirm button to place your order. After placing an order, you will receive an e-mail from us that we have received your order confirming that we have taken payment from your debit/credit card and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we may confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the goods.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We may refuse to accept your order prior to dispatch if the Product is out of stock; if we cannot obtain payment from your debit/credit card; or we identify a Product or pricing error. We will send you an email confirming cancellation if any of these circumstances apply.
If you have any enquiries about your order, please contact us by email: firstname.lastname@example.org
In these conditions ‘Incoterms’ means the international rules for interpretation of trade terms of international chamber of commerce as in force at the date you place your order is when the contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the Incoterms and these Conditions, the later shall prevail. Where Goods are supplied for export from the United Kingdom, the provisions of this clause shall (subject to special terms agreed in writing between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions. The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon. Unless otherwise agreed in Writing between the Buyer and the Seller, the Goods shall be delivered by air or sea port of shipment and the Seller shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979. The Buyer shall be responsible for arranging for inspection of the Goods at the Seller’s premises before the shipment. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and is made after shipment, or inspection of any damage during transit. The Buyer undertakes not to offer the Goods for resale in any other country notified by the Seller to the Buyer at or before the time the Buyer’s order is accepted, or to sell Goods to any person if the Buyer knows or has reason to believe that the person intends to resell the Goods in any such country.
COLORS, PHOTOS OF STANDARD AND BESPOKE PRODUCTS
We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products. However, the actual colours and detailing you see onscreen will depend on the equipment you use to view the products. We cannot guarantee that your television, mobile device or computer monitor display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
Any information regarding sizing of products is included as a guide only. If you are in any doubt as to the size, shape, colour, materials of any product you require, we recommend that you contact us prior to placing an order.
You warrant that you will not use or send us any photos/logo’s for fraudulent or illegal purposes and that you will not submit or post to us any image that:
(a) is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way; or
(b) would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or
(c) infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
(d) Use the service to transmit or invite access to any images described in paragraphs (a) through to (c) above
and you accept and undertake that you will be liable for any action taken against Global Memorials in relation to such activities and will fully indemnify Global Memorials against all actions, claims, demands, liabilities including legal costs arising out of any breach by the buyer or any of its warranties or obligations under the contract including any breach or 3rd party intellectual property rights, and arising out of compliance by us the seller of the buyers instructions expressed or implied. At the request of us the seller and at the buyers own expense, the buyer shall provide all reasonable assistance to enable the seller to resist any claim, action or proceedings brought against the seller as a consequence of that breach. At the request of us the seller, the buyer shall promptly furnish the seller with satisfactory evidence (in the seller’s opinion) in relation to ownership or rights to any of our materials or designs.
The buyer represents and warrants that they are the rightful owner or have written consent from the rightful owner to all the rights in and to photo’s, logo’s or any materials, and also consent to copy and reproduce the materials and to use the materials on or in relation to the goods and to allow 3rd parties to do so. If any claim is made against us the seller that, by virtue of the use of the materials on or in relation to the goods (including without limitation applying the materials to the goods) the seller infringes the privacy rights, publicity rights, patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, the buyer shall indemnify and keep indemnified the seller against all loss, damages, costs and expenses awarded or incurred by the seller in connection with the claim as paid or agreed by the seller in settlement of the claim.
Email to a Friend service – privacy notice and content restrictions
You must have the consent of the person whose details you are providing to us. By submitting the details, you confirm that you have that person’s consent (a) to their name and email address being disclosed to us, and (b) to our contacting them. We reserve the right to disclose that we have obtained the person’s details from you and that we are contacting them because you have told us they may be interested in our website and have provided us with their name and email address.
Although we hope this Site will be of interest to users we accept no liability and offer no warranties or conditions in relation to this Site or its content, to the fullest extent such liability can be excluded by law.
The information given and the recommendations made herein are based on our research and are believed to be accurate but no guarantee of their accuracy is made.
In every case we urge and recommend that purchasers before using any product in full scale production make their own tests to determine to their own satisfaction whether the Global chemical products are acceptable quality and is suitable for the particular purposes they are using it for under their own operating conditions. THE PRODUCTS DISCLOSED HEREIN ARE SOLD WITHOUT ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
No representative of ours has any authority to waive or change the foregoing provisions unless approved first.
If you are a consumer and not a business user, we shall not be liable to you for any business losses and shall only be liable for any losses which are reasonably foreseeable.
We warrant to you that any Product purchased from us through our site is of satisfactory quality.
Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
This does not include or limit in any way our liability:
(a) Under section 2(3) of the Consumer Protection Act 1987;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
ACCESSING THE SITE
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
ACCURACY OF INFORMATION
We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice on which reliance should be placed. Except to the extent that our terms and conditions apply, we make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
If you find any inaccurate information on the Site please let us know and we will endeavour to correct it, where we agree, as soon as reasonably practicable.
LINKS TO THIS AND OTHER WEBSITES
We may provide hyperlinks from this Site to other internet sites which are operated by other organisations. We are not responsible for external websites that link to this Site or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.
You may not link from another internet site to any page on this Site, without our prior written consent and subject to your entering into our standard form of website linking licence. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at our address or by email: email@example.com
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If you have any issues or wish to make a complaint about our Website or Products, then please contact us in writing addressed to the Customer Services Manager.
LICENCE TO USE WEBSITE
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. Any unauthorised use by you of the Website terminates the limited licence without prejudice to any other remedy provided by applicable law.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
Write to – Global Memorials, Global House, 54a Stephenson way, Formby Industrial Eatate, Formby, Merseyside, L37 8EG. England.