These terms and conditions (the "Terms") set out your rights and obligations, and those of BLL Holdings Ltd trading on ‘yourmemorykeeper.co.uk’ ("we" or "us"), in relation to this website www.yourmemorykeeper.co.uk (the "Website"), any memory keeper application that you access (the "App") and any products, services and material of any kind available through the Site, the App or us (the "Services").
Please note the App is in development so don’t go and look for it yet.
We are a company registered in England and Wales under registration number 3811951 under the name BLL Holdings Ltd.
The address of our registered office is: 8 Veridion Way, Erith DA18 4AL. Our VAT registration number is 232 8024 91.
When we refer to "Memory Keeper" in these Terms, we mean us, the Website, the App and/or the Services, according to the context.
By registering with Memory Keeper, you accept that you are entering into a contract with us under these Terms. People who register with Memory Keeper establish an "Account", and become "Users". Visitors to memory keeper who do not register with Memory Keeper, but who nevertheless use the Site or download the App, agree that they are bound by these Terms each time they access Memory Keeper.
If you do not agree to these Terms, you must not use this Website or the App.
These Terms are subject to change from time to time without notice. However, the terms shown on the website at the time you place an order will apply to that order.
You will be able to access most areas of Memory Keeper without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register.
2. Trading details
Whenever you buy a product through this Website or the App, you will be contracting with BLL Holdings Ltd, a limited liability company incorporated in England and Wales under company number 3811951.
Registered office: 8 Veridion Way, Erith, DA18 4AL
Telephone number: 01322 621533
VAT registration number: 232 8024 91
3. Ordering from us
3.1. Product description
We use all reasonable endeavours to make sure that every product in the Memory Keeper Website and App is shown accurately and that prices are correct. However, occasionally there may be small variations in colour.
3.2. Placing your order
A contract for the purchase of a product is created as follows:
- The User places the order on the Website or App by pressing an order confirmation button ("Checkout") at the end of the checkout process
- By confirming your order, you are agreeing to purchase the product you have selected
- At this point, we take payment for your order by means of your nominated payment method
- We will send to you an order confirmation email detailing your order, and other information we must provide to you
From time to time, we may reject an order for the following reasons:
- Where we cannot obtain authorisation for your payment
- If your order otherwise breaches any of the requirements of these Terms
- The use of images are corrupted, unsupported technically or inadequately pixelated
- If a product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.4 below for our Content Rules)
- We suspect that the order has been placed fraudulently
- It appears that the order mistakenly duplicates another order
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.
Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
3.3. Personalising products
We want you to be happy with your purchase so please double-check your design on screen carefully to ensure that all the details are correct before you place the order. We provide a 3D preview facility so you can see exactly how your product will look when made.
Please also check your acknowledgement email.
Changing or cancelling an order is covered in section 6.
It is up to you to ensure that content you have contributed and any text added is correct and words are spelt as you wish.
If you are uploading a photo, images should be in JPEG format. If you use any other format they may upload depending on settings / layers, but whatever format you use please be aware that whatever you see on the 3D preview is what you will get. Please make sure you are happy with every aspect of your design before you place an order!
By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms.
We may modify content or material in order to conform it to Memory Keeper or the requirements of the product you have ordered (such as by cropping images). Any such modifications will be included in the 3D preview.
3.4 Use of uploaded artwork
We provide the facility for business customers to download a template for each product in order to use it for preparation of artwork.
The completed artwork is then uploaded for the product(s) to be ordered.
This means we can offer personalised products to business customers at reasonable prices, even for a small quantity. We have tried to keep this process as simple as possible, but it is not foolproof!
These are the crucial aspects for which you are responsible:
We offer a range of products, each having a specific template. You can download as many as you want, but see 3.4.5 below
When you download the template it includes instructions that MUST be followed. If ANY of these instructions are not followed you are likely to get an unacceptable result because we do not check your artwork before printing and making your products
IF YOU HAVE ANY DOUBT ABOUT YOUR, OR YOUR DESIGNER'S, ABILITY TO FOLLOW THOSE INSTRUCTIONS WE RECOMMEND YOU DO NOT USE THE TEMPLATE UPLOAD FACILITY
You must only upload the template you have downloaded from our website, having added your artwork. You should not upload any other file because we cannot work with it. That is because we have registration and other information within our templates. They are hidden on the version you download and added back to your upload.
When you upload your artwork you have to select the product you require. If your uploaded artwork does not match the product you select we will only find out when we try and apply the printed, laminated and die-cut material. In that situation we would of course refund the shipping charge, but any further refund would be at our sole discretion.
ONCE YOU HAVE PLACED AN ORDER IT CANNOT BE CANCELLED. THEREFORE WE RECOMMEND YOU TAKE CARE TO UNDERSTAND OUR AUTOMATED ARTWORK PROCESS AND FOLLOW IT PRECISELY
3.5. Content Rules
We do not permit products to include any content or material which:
- infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product
- infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
- contravenes any applicable law (including, without limitation, any criminal law) or regulation
- is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
- misrepresents identity or impersonates any person
- includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
- contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
- may harass, upset, embarrass or alarm any person
- gives the impression that it emanates from or has been approved by us
- advocates, promotes or assists any unlawful act
The above are our Content Rules.
3.6. Ordering multiple products
When ordering more than one product as part of the same order, Memory Keeper will despatch them together and shipping charges are calculated on that basis.
- You can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order.
- Product and shipping charges are shown in, and must be paid in, Pounds Sterling.
4. Supply and pricing of products
4.1. Supply of Products
The boxes sold by us through our Website and the App are printed, assembled and shipped from our facility based in the United Kingdom.
4.2. Prices and VAT
Product prices shown on the Website and App do not include shipping charges for UK or International deliveries. See 4.4 below
Where a product shows more than one price band, e.g. 1, 2-5, 6+ the price applicable to each product in your order is based on the total number of items in your basket when you check out.
You can order any mix of products, with the same or different designs, to obtain the lower unit price.
Product prices shown on the Website and the App include UK Value Added Tax at the prevailing rate where applicable.
For International orders above £500 (before shipping charges) we can accept a purchase order and raise a pro forma invoice. We charge a supplement to handle your order in this way. Where appropriate that pro forma will not include UK VAT. In that situation please do not order through the Website or App; contact us instead.
The process of opening an account, receiving and checking artwork and the payment of a pro forma invoice will inevitably slow down the start of production, so if you require urgent delivery it may still be worth using the Website or App.
4.3. VAT Receipts
In most cases, for UK consumers your order confirmation email contains all the necessary information to constitute a simplified VAT receipt in line with HMRC guidelines.
UK Customers registered as business users will receive a full VAT receipt.
4.4. Shipping charges
Shipping charges are calculated during check out based on the total weight and volume of the products ordered and the delivery address. The shipping charge will be shown separately at the check out stage before you place an order, so you can see the total cost of your order including shipping.
There is also a shipping cost calculator which enables you to determine the shipping charge for any mix and quantity of products to any delivery destination we cover before you spend time preparing your design.
5.1. UK despatch arrangements
- Orders up to 2kg for delivery within the UK will be despatched within 5 working days using Royal Mail First Class Post.
- Royal Mail advises that 90% of all First Class post arrives the next day but can take up to 3 working days to arrive.
- Orders for delivery in the UK above 2kg will be despatched within 5 working days using FedEx next day (most destinations) service.
- If we are unable to ship your order within 5 working days we will contact you by email, as soon as we are aware of that situation, at the address used for registration, to advise you and give you the option to maintain or cancel your order
- Memory Keeper will endeavour to get all orders shipped as soon as possible but reserves the right to delay shipment due to any major mechanical fault or unforeseen force majeure
5.2. International despatch arrangements
- We will deliver worldwide, to any destination covered by our arrangements with FedEx
- Orders for delivery outside the UK will be despatched within 5 working days using FedEx International Priority Service
- If we are unable to ship your order within 5 working days we will contact you by email, as soon as we are aware of that situation at the address used for registration, to advise you and give you the option to maintain or cancel your order
- Memory Keeper will endeavour to get all orders shipped as soon as possible but reserves the right to delay shipment due to any major mechanical fault or unforeseen force majeure
5.3. General despatch information
The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.
- For the UK you can check that you have the correct postcode by using the Royal Mail's handy postcode finder available at www.royalmail.com/find-a-postcode. To state the obvious, we are not responsible for the accuracy of the Royal Mail's postcode finder
- It is your responsibility to ensure that the delivery address you provide for any order you place is correct
- Memory Keeper reserves the right to amend shipping charges at any time, but they will always be charged as shown on the Website or App when you place an order
5.4. Circumstances beyond our control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
6. Changing or cancelling an order
We provide a 3D preview facility so you can see exactly how your product will look when it is made.
When you are logged in to your account you can save, revise and refine your design as often as you like, but once you have placed your order it cannot be changed.
Please check the 3D preview carefully and make sure you are happy before you place your order. By ticking the approval box to add the item to your basket you are stating you are happy with every aspect of your design.
If you notify us that you want to cancel we don’t refund the amount paid for the product but if it is not shipped we will refund the shipping charge.
When we have produced and shipped the product we do not normally make a refund unless we have made a mistake.
It is best to call us if you need to cancel or change your order - dial 01322 621533 or +44 1322 621533 if outside the United Kingdom. Please have your order number or the email address you registered with us available so we can respond to your query as quickly as possible.
Customer enquiry emails that are received through the Website or App are dealt with during UK business hours (Monday - Friday 8.30am - 5.00pm) in the order they are received.
7. Returns and refunds
At Memory Keeper, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us or by phone 01322 621533 or +44 1322 621533 if outside the United Kingdom to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
7.1. Reporting a problem
If for any reason you are not happy with your Memory Keeper order, please contact our Customer Service Team. Call 01322 621533 or +44 1322 621533 if outside the United Kingdom or email. You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 3 working days (usually it takes 1-2 days), and will do our best to resolve it within 7 days.
7.2. Returning products and issuing refunds
The following applies to orders from UK consumers, i.e. those orders with a UK delivery address where the account used to place the order is not registered as a business account.
If we have agreed the return of a faulty product we will provide Freepost returns address. If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a replacement.
Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is incorrect or you have uploaded an image of a low resolution or incorrect size. Please see section 3.3, 'Personalising products', for more information.
Consumers with a delivery address outside the UK and all business customers, whether UK or International, should contact us to arrange the return of a faulty product. Call 01322 621533 or +44 1322 621533 if outside the United Kingdom or email
Memory Keeper is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998. We are listed in the Register of Data Controllers under the number Z7686815.
You can see the information that we hold about you by logging on to Memory Keeper and checking your Account details. You can also update your Account details online.
Your personal data will be collected, processed, stored and used by us, and passed to and processed by our affiliated companies and other data processors acting under contract with us:
- to provide the Products and Services to you;
- to tailor aspects of your experience of the Products and Services;
- to process payments you make;
- to provide customer support;
- to send communications to you (see 8.2 below)
- to tailor the advertising you experience on this and other (for example, social media) services;
- for customer satisfaction and customer experience improvement purposes; and otherwise in accordance with our legal rights and obligations.
The Data Protection Act 1998 gives you the right to access personal data held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the personal information we hold about you.
8.1. How we use your contact information
The personal information you provide to us will include your contact and delivery details, payment information, and information about people to which you wish us to deliver products.
We will not disclose any of your personal data without your permission unless:
- we are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention or detection of crime or fraud)
- we are in negotiations with a third party for the sale or purchase of any of memory keeper business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets
- Memory Keeper, or substantially all of its assets, is acquired by a third party, in which case personal data held by memory keeper about its customers will be one of the transferred assets
- we do so to exercise rights or perform obligations under, or to enforce or apply these Terms and other agreements to which you are party, or to protect our rights, property, safety, customers, or others
Where a phone number is requested, we may use this to contact you to ensure that you are happy with the service you received.
8.2. Opt out
When you register on Memory Keeper, you can decide to opt out of receiving any communications from us, other than that required to process your registration or orders. At any point, you can change this preference in your Account details but please allow three working days for your opt out to be processed.
8.4. Security of your Account and password
You must not share the User name and password with which you register with memory keeper with anyone else.
We know that you may use the same password for other Internet accounts, and that it is highly sensitive. Your password will remain encrypted and we do not have access to it. If you forget your password, you can request to reset it. By requesting to reset your password an email will be sent to the email address registered with your Account containing a link to reset your password. You will then be able to access your Account and create a new password.
You are solely responsible for maintaining the confidentiality of your password and any other identifying information.
Note that we are entitled to treat anything done while your Account is logged into the Website or App, or by means of an email address, phone number or other communications method associated with that Account, as having been done by you; it is up to you to maintain the security of your Memory Keeper Account.
8.5. Credit card transactions
Your full card details are not recorded or stored in our database. Memory Keeper collects and stores only the final four numbers of your credit or debit card along with the expiry date and cardholder name to enable you to select that card when making future purchases. They are encrypted and are transferred securely to one or more third party payment service providers for immediate authorisation. Once we have received authorisation from the payment service provider we will confirm your order.
9. Use of the Website
9.1. Abuse of service
You agree not to use memory keeper directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).
9.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website or App is protected by memory keeper or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. ‘Memory Keeper’ is our trademark, and you agree not to display or use it in any manner without our prior written consent.
You may use and access Memory Keeper to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available.
You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Memory Keeper.
No-one may copy, distribute, show in public or create any derivative work from Memory Keeper, or any of the material which is found on memory keeper unless properly licensed in writing by us to do so. You are not allowed to use Memory Keeper (or to copy or use any material found on Memory Keeper) for any commercial purpose other than to conduct the purchase of a product from Memory Keeper.
No-one may use any robot, spider, scraper or other automated means to access Memory Keeper for any purpose without our prior express written permission.
9.3. Website content and service access
We will always try to ensure that Memory Keeper is available 24 hours a day. However, we will not be liable if for any reason the Website or App is unavailable at any time, or for any period.
Occasionally we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
We use reasonable care and skill to provide Memory Keeper in accordance with our specifications for Memory Keeper but:
- the Products and Services are provided "as is"
- we cannot and do not guarantee that Memory Keeper or the Services will meet your requirements
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise for:
- any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
- any loss or corruption of data
- any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website or App, or anything done while your Account is logged into the Website or App.
The provisions of this section 9.5 shall survive the termination or expiry of these Terms.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Memory Keeper, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Memory Keeper if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
10. Offers and Promotions
Any offers and promotions which we make available on our Website or through our App are governed by terms and conditions which will be accessible to you at the time.
These Terms are intended to contain your entire agreement with us relating to the Services, the Website and the App.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and Memory Keeper shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time, and post the new version on the Memory Keeper Website. The new version of these Terms will take effect:
- commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you
- immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access Memory Keeper and (ii) the refinement of provisions that are already included or referred to in these Terms
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Memory Keeper. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
We don't separately file the Terms entered into by Users when they register for Memory Keeper. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.