These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We may amend these Terms from time to time as set out in Clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.1 We operate the website www.unforgettable.org. We are established as a company in England and Wales (registered number 9272046) whose registered office is at 38 Seymour Street, London, W1H 7BP. Our main trading address is Monmouth House, 58-64 City Road, London, EC1Y 2AL. Our VAT number is 201 328462.
1.2 Contacting us if you are a consumer (where “consumer” means you are acting for purposes which are wholly or mainly outside your trade, business, craft or profession):
(a) to cancel a Contract in accordance with your legal right to do so as set out in Clause 6, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us as email@example.com. If you use this method we will e-mail you to confirm we have received your cancellation;
(b) if you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0203 322 9070 or by e-mailing us at firstname.lastname@example.org; and
(c) if we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2.1 Unless expressly indicated otherwise, Unforgettable is not the manufacturer of the Products sold on this website. While we work to ensure that Product information on our website is correct, actual Product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the Products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the Product before use.
2.2 The images of the Products on our site are for illustrative purposes only and the Products may vary slightly from their pictures. Although we have made every effort to display the colours and other details accurately, we cannot guarantee that your computer's display will accurately reflect the Products. Your Products, including their packaging, may vary slightly from those images displayed on our site.
2.3 Unforgettable accepts no liability for inaccuracies or misstatements about Products by manufacturers or other third parties. This does not affect your statutory rights.
2.4 The Products are not intended to treat, cure or prevent any disease, nor is the content supplied on our website or any other promotional material intended to replace the individual advice available from your own doctor. If you have an ongoing health concern, always refer to your GP in the first instance. If you are taking a prescription medicine, please consult your doctor or pharmacist before using any of the Products. You must immediately stop using the Products and obtain medical advice where such use causes an adverse reaction.
3.4 Please take the time to the time to read all of the above as they include important terms which apply to you.
4.1 After you place an order, you will receive an acknowledgment e-mail from us. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.2.
4.2 We will confirm our acceptance to you by sending you a dispatch confirmation e-mail. The Contract between us will only be formed when we send you the dispatch confirmation.
4.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site or any other reason, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the Product cost.
5.1 We may amend these Terms from time to time. However, every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.2 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and/or
(b) changes in business practices.
6.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or the Trading Standards Office.
6.2 However, this cancellation right does not apply in the case of:
(a) any Products identified as non-cancellable in the Delivery & returns information on the Product page;
(b) any Products that are made to your specifications or that have been clearly personalised;
(c) any Products that have become unsealed following delivery and, as a result, are unsuitable for return due to health of hygiene reasons;
(d) sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you after delivery;
(e) any Products which become mixed inseparably with other items after their delivery; and
(f) any donations.
6.3 Your legal right to cancel a Contract begins from the date of the dispatch confirmation (i.e. the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of Cancellation Period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
6.4 To cancel a Contract, you need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or contact our Customer Services team by telephone on 0203 322 9070. If you are e-mailing us please include details of your order to help us to identify it.
6.5 If you decide to cancel your Contract after delivery:
(a) Unless it is categorised as a Non-Standard Product on the website, you must return it to us/the Product supplier (as applicable) without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either return it to an address specified by the us/the Product supplier (as applicable) or hand it to our/the Product supplier’s authorised carrier (as applicable). Please see our website for the main delivery and returns procedure. If the Product is a Non-Standard Product, please contact the supplier to arrange a collection; and
(b) unless the Product is faulty or not as described (in which case, see Clause 6.8), you will be responsible for the cost of returning the Products to us/the Product supplier (as applicable).
6.6 If you cancel before delivery, we will:
(a) refund the price you paid for the Products;
(b) refund the delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method); and
(c) strive to make any refunds due to you promptly, and in any event not more than 14 days after you inform us of your decision to cancel the Contract.
6.7 If you cancel after delivery, we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you will pay us an appropriate amount;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method); and
(c) strive to make any refunds due to you promptly and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered for it to be collected from you: 14 days after the day on which we/the Product supplier (as applicable) receive(s) the Product back from you or, if earlier, the day on which you provide us/the Product supplier (as applicable) with evidence that you have sent the Product back to us/the Product supplier (as applicable). For information about how to return a Product to us, see Clause 6.5;
(ii) if you have not received the Product or you have received it and we have offered for it to be collected from you: 14 days after you inform us of your decision to cancel the Contract.
6.8 If you have returned the Products under this Clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item. Where you are seeking a replacement, the supplier will dispatch a replacement Product as soon as possible after receipt of the returned Product.
6.9 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
6.10 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Clause 6 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.1 We will contact you with an estimated delivery date. Please note that this delivery date is not a contractual commitment, but for indicative purposes only. Occasionally our delivery to you may be affected by an event outside our control. See Clause 11 for our responsibilities when this happens.
7.2 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises. Please contact us to rearrange a delivery.
7.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will then be your responsibility.
7.4 You own the Products once we have received payment in full, including all applicable delivery charges.
These Clauses 7.5 & 7.6 only apply if you are a consumer.
7.5 If we miss the 30 day delivery deadline for any Products then you may cancel your order and request a full refund.
7.6 If you do not wish to cancel your order straight away you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
8.1 International delivery is available on many products but there are restrictions on some Products for certain international delivery destinations. To enquire, please email firstname.lastname@example.org or call 020 3322 9070 to enquire, specifying:
(i) product details;
(ii) quantity; and
(iii) your delivery address.
8.2 If you order Products from our site for delivery to one of our international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
9.2 Prices for our Products may change from time to time, but changes will not affect any order we have already accepted.
9.3 Where the Product is not eligible for VAT relief, the price displayed will be inclusive of VAT.
9.4 Where a Product is eligible for VAT relief, the price displayed will be exclusive of VAT. You are eligible to purchase the Product exclusive of VAT provided that you truthfully complete and submit the VAT declaration upon checkout, ensuring that you meet the criteria at the time you place your order.
9.5 If at a later date HMRC disputes the validity of your eligibility, you will be liable to pay the appropriate VAT that should have been applied and we reserve the right to demand that you pay the VAT amount that is due within the time period specified by HMRC.
9.6 The price of a Product does not include delivery charges (or any amount in respect of VAT thereon). Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to the delivery and returns information on the individual product page and the main delivery & returns procedure.
9.7 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
9.8 Payment for the Products and all applicable delivery charges is in advance. The Products will not be dispatched until payment has been accepted.
This Clause 10 only applies if you are a consumer.
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. By “foreseeable”, we mean such loss or damage that is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
10.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Because we sell products for personal use only our responsibility to you shall not include any business losses such as lost data, lost profits, lost sales or business interruption.
10.3 We will not be liable under this contract for any loss or damage caused by us or our employees or agents in circumstances where:
(a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; or
(b) any increase in loss or damage results from breach by you of any term of this contract.
10.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987 or the Consumer Rights Act 2015.
11.1 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 an event outside our reasonable control, as defined below in Clause 11.2.
11.2 An event outside our reasonable control means any act or event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties including manufacturers and distributors, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
11.3 If an event outside our control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over.
11.4 You may cancel a Contract affected by an event outside our control which has continued for more than 90 days. To cancel please contact us at email@example.com. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
12.1 When we refer, in these Terms, to "in writing", this will include e-mail.
12.2 If you are a consumer you may contact us as described in Clause 1.2.
13.1 Unforgettable is committed to achieving the highest standards of social and environmental business performance. As part of Unforgettable’s mission, Unforgettable intends to work with its supplies as it scales to implement sustainable social and environmental practices for the benefit of all stakeholders.
14.1 We may from time to time offer promotional offers which may apply in respect of any, or certain specified purchases made through this website.
14.2 In addition to any specific terms set out in the promotion, the following general terms apply:
(a) Offers are non-transferrable;
(b) Offers are subject to availability;
(c) Unforgettable reserves the right to withdraw our offers without notice; and
(d) Offers cannot be used in conjunction with other Unforgettable offers.
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
This Clause 16 only applies if you are a business (where “business” means you are acting for purposes relating to your trade, business, craft or profession, whether acting personally or through another person acting in your name or on your behalf).
16.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
16.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
16.5 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
16.6 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.7 Subject to Clause 16.6, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
16.8 Subject to Clause 16.6, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
16.9 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16.10 You may contact us by telephoning our customer service team at 0203 322 9070 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see Clause 16.10.
16.11 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.30 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) 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.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.12 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.13 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).