Terms and Conditions
Please read all these terms and conditions.
This website is operated by Own a Moment. Throughout the site, the terms “we”, “us” and “our” refer to Own a Moment. Own a Moment offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Information about us
We are Own a Moment Limited, a company registered in England and Wales.
Our registered office is: 5 Hillside, Chard, Somerset, TA20 IJF.
Our company registration number is 10315175.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your County / state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary from the specification set out in the order.
Time selection is for 15 second segments, the gift if offered as a novelty attachment to time, you do not own time, but you can record a moment relative to time.
Own a Moment is checked and maintained on a regular basis leasing with the OTR database to ensure no duplicate times sold.
Sale of a personal moment is per individual and is for life.
Downloading and printing the pdf certificates from OTR is provided to the user in the highest quality, the finished quality of the printed certificate is the responsibility of the user uploading an image meeting our minimum quality standard, and the quality of the paper and printer used, therefore we make no guarantees for the colour or quality of your end product, we highly recommend buying the certificate printed by ourselves to ensure the highest quality end product.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
All information added by yourself to your certificate is to be spell checked and verified by the person entering the information, we hold no responsibility for misspellings and inaccuracies in this provided.
For more detail, please review Section 14 Refunds and Returns.
SECTION 7 – PAYMENTS
Own a Moment accept payments on their web-site through PayPal which delivers one of the most secure payment platforms in the world.
We do not see or hold financial details from our customers at any time. You may purchase with your credit card even if you do not have a PayPal account. All transactions are charged in UK Pound Sterling.
We do not store credit card details of any customer using this web-site.
SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 9 – USER IMAGES,
By uploading an image you guarantee that you have read these Terms and Conditions for uploading images to the Own a Moment website, and that you agree to abide by all clauses within these Terms and Conditions.
9.1 COPYRIGHT OWNERSHIP
By uploading an Image to Own a Moment you guarantee that you are the legal owner of the copyright of that Image, or have been awarded full and unrestricted rights from the copyright owner to upload and utilise the Image for the purposes of the Own a Moment website. Images that are considered to infringe the copyright or trademarks of other individuals, organisations or companies will be deleted.
9.2 THIRD PARTY RIGHTS
By uploading an Image you guarantee that such use of the Image on Own a Moment does not violate the rights of any other party, does not result in a breach of contract between you and another party and that you accept responsibility for any royalties or fees due to any other party from the use of the uploaded Image.
By uploading an Image you guarantee that any people which are clearly identifiable have consented to have their likeness printed or displayed, or that you have full rights to use the Image in this manner and accept full responsibility for such use.
9.3 RIGHTS GRANTED TO OWN A MOMENT
Own a Moment does not claim any copyright or any kind of ownership rights to the Images you upload to the site. However, by uploading an Image to Own a Moment you thereby grant Own a Moment a royalty-free, non-exclusive, worldwide right to copy, crop, edit, publish, display, distribute or otherwise use the image for promotional activities for business, including promotional materials either on-line or in printed form, unless requested not to at the time of images being uploaded.
9.4 IMAGE CONTENT
You should only upload Images that are relevant and appropriate to your moment. You must not upload photographs that contain objectionable content, nudity, violence, and other offensive, illegal or inappropriate images. The content of some Images – particularly nudity – might be offensive to persons from cultures whose values differ from yours. Thus Own a Moment reserves the right to delete or censor Images its Editors consider potentially offensive to some as ‘sensitive’.
SECTION 10 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and conditions.
You agree that your personal comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
It is the responsibility of the user entering their own text they have checked and ensured that this is correct, agreeing to the terms and conditions box to verify you have proof read your own entries, after submitting the certificate it cannot be recovered as this data has gone straight to print. Please refer to Refunds and Returns policy.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Own a Moment, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – REFUNDS AND RETURNS
If, for any reason, you are not entirely happy with your gift, you may return it to us, in its original condition and packaging, and at your own expense, for a refund within 14 days of the gift despatch date. Unfortunately we are unable to refund any additional delivery charges (International or Express) a £10.00 administration fee will be deducted to cover deletion and relocation of any OTR time slots.
Refunds will be made using the same method as the original payment.
Please check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for and which you fail to amend in accordance with Section 6 above.
SECTION 15 – SHIPPING AND DELIVERY
Most packages sent by Own a Moment will be too large to fit through a letterbox. Somebody will therefore need to be present at the delivery address to take delivery of the order. If delivery is attempted and nobody is able to take the delivery, a card will be left and the package will be returned to the sorting office to await redelivery instructions or collection. If the package is not redirected or collected within the allotted time the package will eventually be returned to our warehouse. In this case a missed-delivery fee of £3.95 may be charged.
Areas which may incur an additional delivery charge:
UK islands, e.g. Isle of Wight, Jersey, Isle of Jura, etc.
Parts of the Scottish Highlands.
Parts of Scotland.
In the instance that the product carries an additional charge to be delivered, a member of our customer services team will contact you before the item is dispatched.
All goods are delivered in protective packaging. In the highly unlikely event that your goods are damaged, an error on our part has been made or in any way upon receipt, please contact us immediately. We will not be responsible for items mislaid, damaged or lost when sent via the postal system, although should this occur, we will endeavour to re-send your gift pack as soon as possible.
We will deliver orders within a maximum of 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control.
We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.
Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time.
If Products are not delivered within 30 days of the order being received as set out in clause above (unless such delivery is delayed by an Event Outside Our Control), then you may cancel your order straight away if any of the following apply:
(a) We have refused to deliver the Products;
(b) Delivery within the delivery period was essential (taking into account all the relevant circumstances); or
(c) You told us before we accepted your order that delivery within the delivery period was essential.
Our normal working hours are Monday to Friday 9.00am-5.30pm and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays.
15.1 IMPORT REGULATIONS AND DUTY
If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.
You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
Please contact your local customs office for further information before placing your order
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Info@OwnaMoment.com.