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Terms & Conditions

Treasure Forever remains firmly committed to providing quality handcrafted products that capture a moment in time.  We hope you will enjoy your Treasure Forever keepsake for many years to come.  Each piece is unique and crafted to your specific requirements.   If you are not completely satisfied with your order, please contact us immediately and we will try to find a satisfactory outcome for all parties.

This website provides general information about Treasure Forever and the services we offer.

The information contained on this website has been prepared solely to provide information about Treasure Forever and its services.  While Treasure Forever takes reasonable care to provide information which is accurate and up to date on the site, it does not undertake to update or correct such information and reserves the right to change, delete or move any information without prior notice.

Treasure Forever makes no representation or warranty, either express or implied, as to the accuracy of completeness of any information included on this site.  Treasure Forever does not accept any liability for any loss, howsoever caused, from the use of, or reliance upon, this site or information contained therein.

The Treasure Forever name and logo are trademarks of Treasure Forever.  The copyright and other intellectual property rights in the material contained in this site belong to Treasure Forever

Accessing this site indicates you have read and accepted the above statement.

Standard Terms & Conditions for the Sale of Goods and Supply of Services by Treasure Forever

The following terms and conditions govern any contract for sale that we enter into with you.  Please read these terms and conditions carefully.

Meanings.

In these conditions:

Confidential Information” means in relation to either party, information which is disclosed to that party by the other party pursuant to or in connection with this contract (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such).

TFE” means Treasure Forever Ltd.

You” means the person, firm or company who accepts a quotation of TFE for the supply of our Services and/or the sale of our Goods or whose order for the same is accepted by TFE.

the Conditions” means the standard terms and conditions of sale set out in this document and (unless the context requires otherwise) includes any special terms and conditions agreed in writing between You and TFE.

the Contract” means the contract for the purchase and sale of TFE Goods and/or the supply under these Conditions of TFE Services.

the Delivery Address” means the place specified by You to which the Goods are to be delivered by a courier or postal delivery service.

the Goods” means the goods (or any part of the Goods) referred to in the quotation provided to You or in the order placed by You to be sold by TFE in accordance with these Conditions.

the Services” means the service or services specified in TFE’s sales literature to be supplied to You by TFE in accordance with these Conditions.

Unless the context otherwise requires, each reference in these Terms and Conditions to:

(a)     “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

  • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  • “these Terms and Conditions” is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time;
  • a Schedule is a schedule to these Terms and Conditions; and
  • a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
  • a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

Words imparting the singular number shall include the plural and vice versa.

References to any gender shall include the other gender.

  1. The Contract

TFE provides all quotations and price lists on its website and/or marketing material and accepts all orders in accordance with these Conditions.   TFE reserve the right to amend these prices without notification prior to payment in full.   These Conditions apply to all contracts for goods supplied or work done by TFE, their employees, agents or licensees to the exclusion of any other terms and conditions.

In response to Your enquiry about our Goods and Services, TFE will give you a quotation of the costs involved and a moulding appointment will be made for You, and TFE, one of their employees or licensees will visit you either at Basildon Hospital, the TFE premises, your own home or some other venue agreed by you with TFE.

The casting moulds are made from dental alginate which should not cause any allergic reactions to the skin, but if a reaction should occur then the area should be washed with plenty of water and if the irritation persists medical advice should be sought.

If you wish to view the manufacturer’s safety data sheet please click here.

The casting process is described as follows:-

The alginate is measured into a bowl.  The TFE operative will measure out a quantity of water, which is tepid or considered ‘baby’s bath temperature’.  You are required to test the temperature of this water by dipping fingers or elbow to judge the temperature.  Only once You have confirmed the water is of the correct temperature, will the TFE operative combine the water with the alginate to make the paste.  Once done, this paste is poured into a new, clean cloth.  The mixture is then wrapped around the baby’s hand or foot.  Once set, the TFE operative removes the hand or foot from the mould.  The hand or foot should then be washed with water or wiped with a Baby Wipe if You prefer.

  1. Your Account

The Account you are given is personal to you. Keep your login details and password secure and only share it with people whom you consent to viewing and purchasing an image of your baby. TFE shall not be liable for any breach in the security of your password and account.  Please use this number in correspondence regarding your order.

  1. Quantity and Description

The quantity and description of the Goods and/or Services shall be as specified on the website and emailed to you at the time of the order being placed.

Any change in the quantity of description shall require the agreement of both parties and may involve a change in the price.

TFE’s Goods are made to Your individual order.  TFE have a range of leaflets, a website and a premises where many of the Goods can be viewed prior to purchase.  Basildon Hospital customers can view samples on marketing material and samples that may be available to view from time to time either in the hospital (or in the case of a home visit, at the time of your casting appointment).

The items we create are personal commission pieces and therefore have no re-sale value.  It is therefore essential that You are satisfied with the moulds taken at your appointment.  Once we have taken the moulds and received Your payment via the website, a contract to supply exists between us.  This contract is subject to our terms specified in this document.  Your statutory rights are not affected.

When You order a TFE item you should take care to ensure that the information you provide to us is correct.  You must carefully check the details on your Order, especially for colour choices, frame choices, spelling of names and accuracy of any other information pertinent to your order.   Any mistakes on your part must be notified to us within 7 days of you placing your order.  We cannot be held responsible for mistakes not notified before this time. Any request to amend an order must be made in writing.   A fee may be incurred should we need to change your order at a later stage.

Copyright

Treasure Forever retains all copyright of the original casts and any silicon moulds Any duplication without express permission in writing from Treasure Forever is prohibited.

  1. Cancelling an Order

No order which has been accepted by TFE may be cancelled by You except with the agreement of TFE on the term that You shall indemnify TFE in full against all loss, costs (including the costs of all labour and materials used), damages, charges and expenses incurred by TFE as a result of the cancellation.

  1. Prices Of the Goods
  • The price of the Goods and the price of delivering the Goods shall be in the price listed in TFE’s invoice in line with TFE’s price list current at the date TFE accepted Your order or such other prices as my be agreed in writing by TFE and You. In the case of error TFE reserves the right to change the price.
  • The final price is inclusive of any applicable Value Added Tax.
  • In addition to the invoiced price of the Goods you will be liable for all import duties applicable in Your location.
  • Unless otherwise stated all quoted pricing is in Pounds Sterling.
  • Where the moulding appointment takes place at a venue other than TFE’s premises or Basildon Hospital, an additional charge may be made for travelling costs. You will be advised of the amount of this charge at the time of booking.
  1. Paying for Your Goods
  • Unless otherwise agreed, payment in full for TFE Goods or Services becomes due from You at the time the order is placed on the TFE website.
  • Gift Certificates may only be redeemed against orders for bespoke Treasure Forever products, specifically 2D and 3D keepsakes. Only one gift certificate may be redeemed per order.
  • Treasure Forever Gift Certificates are issued by and are the property of Treasure Forever Ltd whose registered office is at Rainbird House, 6 Warescot Road, Brentwood, Essex, CM15 9HD.
  1. Delivering Your Goods
  • Deliver of the Goods to the Delivery Address shall be made by TFE using a courier or postal service chosen by TFE.
  • When TFE accepts your order, You will be given an estimate of the production time, and delivery date will be notified to you at the earliest possible opportunity during production. TFE use courier and postal services who guarantee delivery by a specified date and time and TFE will use their best endeavours to meet any delivery deadline specified by You.  However, all delivery times offered by TFE are to be treated as best estimates and no penalty can be accepted for non-compliance with them.
  • If unforeseen circumstances arise which prevent TFE from meeting a delivery deadline specified by You, TFE shall notify You as soon as reasonably possible with as much advanced notice as the circumstances allow.
  • If You fail to take delivery of the Goods or any part of them on the Delivery Date and/or fail to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, then TFE shall be entitled upon giving written notice to You to store or arrange for the storage of the Goods and then notwithstanding the provisions of Clause 8 and 9, risk in the goods shall pass to You, delivery shall be deemed to have taken place and You shall pay to TFE all costs and expenses including storage and insurance charges arising from such failure.
  1. Damaged Goods and Returns
  • TFE Goods may be damaged if not handled with care. TFE packages all Goods with protective packaging to minimise the risk of damage during transport.  If any Goods received by You are damaged the following action must be taken.
  • If the outer packaging is visibly damaged, then the Goods should be signed for only after You have noted that the packaging has been damaged on the delivery sheet. If You find that the Goods are damaged after unpacking, You must tell TFE immediately and take a photograph in the first instance so that TFE can assess the damage and decide on a course of action.
  • TFE shall arrange with you for the Goods to be returned to TFE’s premises initially at your expense. When, after inspection of the Goods, TFE are satisfied that the Goods were damaged during transit and through no fault of Yours, TFE will reimburse You the cost of returning the Goods.
    • TFE shall bear no liability to you for damage which is not reported to them within 24 hours of You receiving the Goods.
    • Any returns made to TFE for any reason must be returned in the original packaging or its direct equivalent. Where the original packaging is so damaged as to not be able to provide sufficient protective covering for the returned Goods, new protective packaging must be used and the original packaging returned to TFE for inspection along with the returned Goods.
    • Where notification of damage is given in accordance with 8.2.1 above TFE shall either replace the Goods with Goods of satisfactory quality or (at their discretion) shall credit you with the price of the Goods.
    • At no time will Treasure Forever compensate you for emotional distress.

 

  1. Risk and Property

Where the Goods are to be delivered to the Delivery Address ownership and risk of the Goods shall pass to You at the time that the goods are delivered to the Delivery Address

  1. Warranties and Liability
  • TFE warrants to You that their Goods
  • will be of satisfactory quality
  • will be free from defects in materials and workmanship; and,
  • will correspond with Your reasonable specification
  • If You are not satisfied with the quality of the Goods, TFE will always discuss with You the reason for Your dissatisfaction. If it is agreed that the Goods are not of satisfactory quality, then TFE shall arrange for the Goods to be returned to TFE’s premises and shall either replace the Goods with Goods of satisfactory quality or (at their discretion) shall credit You with the price of the Goods.
  • TFE Goods are handmade and unique to each customer order. TFE shall endeavour to ensure that You are completely satisfied with the Goods.  However, complaints about the Goods which relate to matters other than the satisfactory quality of the Goods shall not entitle You to either replacement Goods or the return of the price of the Goods unless expressly agreed in writing by TFE.
  • Glass casts may contain internal marking such as small air bubbles. These are the natural result of the glass casting process and are not caused by a defect in either the materials or workmanship.  You will be able to view samples of glass casts on the website and in person (display cabinet in Basildon hospital or in person at a home casting visit or other venue) in advance of You placing your order.  These markings will not render the Goods of unsatisfactory quality nor entitle You to either replacement Goods or the return of the price of the Goods.
  • Frames are handmade and may therefore vary slightly from TFE’s display models and those shown on the website and other marketing materials. As frames are made from separate cuts of wood, there may also be some variation in texture and colour within each frame.  These variations shall not render the Goods of unsatisfactory quality nor entitle You to either replacements Goods of the return of the price of the Goods.
  • TFE shall indemnify You against all liability and loses awarded against or incurred by You which result from any breach of warranty given by TFE provided that total liability of TFE shall in no circumstances exceed the price of the Goods.
  • Our primary approach is to remedy to your satisfaction any issue arising with products purchased from our range. Should our attempts at rectification fail to achieve the desired outcome, in some instances a full refund may be offered with the repossession of the item solely for the purpose of destruction.  Where it is deemed necessary to destroy a commissioned piece, a written confirmation will be requested.  No arrangements will be raised for a refund ahead of the said confirmation.
  • Refunds will be made back to the original payment method for the order.
  1. Care and Storage

TFE are happy to advise or assist with any subject relating to the correct usage, cleaning, storage or repair of any of its Goods.

  1. Indemnity (Third Parties)

You shall indemnify TFE against all claims made against TFE by a third party in respect of Goods and Services supplied by TFE.

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

  1. Severablilty

The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract).  The remainder of these and the Contract shall be valid and enforceable.

  1. Other Important Terms
  • We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
  • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
  • The Contract is between you and Us. 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.
  • 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.
  • No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
  1. Force Majeure

Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

  1. Governing Law

These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Treasure Forever Data Protection and Privacy Policy Statement

At Treasure Forever we are committed to protecting your privacy.  This privacy policy explains what information we collect about users of our website and describes how we will use it.

What information do we collect?

Registration:  If you join the Treasure Forever mailing list or contact us via the site we will collect your name, company name and address, your email address and other details relevant to your enquiry.  Your use of the site:  we will record which services you are interested in and monitor traffic patterns and site use.  Please tell us immediately if any of your personal details (name, address etc) change so that we can ensure our records are up to date.

What do we do with the information we collect?

  • We will use the information to:
  • Identify users of Treasure Forever’s services including the Treasure Forever mailing list.
  • Process any requests
  • Enable us to provide you with a better service
  • Allow us to contact you with information relating to Treasure Forever
  • We may monitor your use of our website in order to identify customer preference and track the volume of traffic on particular pages

Marketing.

From time to time we may use your information to notify you about the changes to the functionality of our website.  We may send you offers or information including in relation to products or services offered by ourselves of which we think you may be interested.  We may contact you by post, email, or telephone.  If any time you decide you no longer want to be contacted by us or to receive offers and information from Treasure Forever, please send an email to info@treasure-forever.co.uk and we will remove you from our mailing list.

Disclosures of your information

We will not sell, trade or rent your information about you to others.   We will be informing the hospital of the number of people who Register, convert into customers, what they buy, how many and the income generated from them in order to monitor the flow of customers through the hospital and the commission generated.  They will also know at what stage of their pregnancy they registered, etc.

Your consent

By using our website you consent to the collection and use of your information as described in this Privacy Policy.  If we change our privacy policies and procedures we will post those changes on the website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Where we store your personal data

What about cookies?

Cookies are small pieces of information that are stored on your computer’s hard drive by our browser.  Treasure Forever may make use of cookies to personalise your visits to our website.  Our cookies may contain personally identifiable information.  Cookies, in conjunction with our webs server’s log files, allow us to calculate the aggregate number of people visiting our Website and which parts of the website are most popular.  This helps us gather feedback so that we can improve our website and better serve our customers.  Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies.  Most browers allow you to turn off the cookie function.  If you want to know how to do this please look at the belp menu on your browser.  You do need to allow your browser to accept cookies in order to use our service.  Should you wish to manage your cookies or require more information on their usage the direct.gov.uk website provides expanded information and links.

Access Rights

You have a right to access the personal data that is held about you.  To obtain a copy of the personal information Treasure Forever holds about you, you should write to us at the following address:  Data Controller, Treasure Forever Ltd, Rainbird House, 6 Warescot Road, Brentwood, Essex.  CM15 9HD.    We are entitled to charge a reasonable fee for this service.

Security.

As required by the Data Protection Act 1998 “the Act”, we follow strict security procedures and take appropriate measures to ensure that the information about you is not damaged or destroyed or disclosed to a third party without your permission and to prevent unauthorised access to it.  This means that we may require you to cooperate with our security checks before we can disclose information to you.  For the purpose of the Act, the data controller is:   Data Controller, Treasure Forever Ltd, Rainbird House, 6 Warescot Road, Brentwood, Essex.  CM15 9HD

Statutory information about Treasure Forever Ltd

Registered in England

Registered Number  09694982

Registered Office:  Rainbird House, 6 Warescot Road, Brentwood, Essex.  CM15 9HD

 



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