TERMS AND CONDITIONS
Terms and Conditions,
Effective Date: October 28, 2021
Your Acceptance of These Terms and Conditions
The use of this website (“Site”) is governed by all applicable laws and regulations and by the Terms and Conditions set forth below. Please read them carefully. Your use of this Site and/or submittal of any purchase order to Forget Me Not Gifts indicates an acceptance of these Terms and Conditions.
These Terms and Conditions form a legally binding agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE CONTACT BY EMAIL WITH CONCERN OR EXIT AND DO NOT USE THIS WEBSITE.
ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Changes to the Terms and Conditions
Forget Me Not Gifts reserves the right to make any changes to these Terms and Conditions at any time. The changes will be effective as of the date we post the revised version on the Site. Whenever we make a change, we will post the updated Terms and Conditions on the Site, and your use of the Site following any such change constitutes your acceptance of the revised Terms and Conditions. Thus, it is important that you review our Terms and Conditions regularly.
Terms of Sale
Your Order. Every order that you place on our Site will be subject to acceptance in accordance with these Terms and Conditions. Once you place an order, Forget Me Not will send you a personalized email and provide you with an order confirmation. When your order is shipped or delivered Forget Me Not will send you a shipment confirmation email, while tracking numbers are only available upon request, if available.
The shipment confirmation email will be deemed to be completion of your purchase contract. Completion of the contract will also not take place where we have notified you that we cannot accept your order.
We reserve the right to cancel any order, with or without cause.
Pricing. We reserve the right to change prices and specifications without notice. The price that you pay for any product on our Site will be the price that is displayed on the Site at the final page in the checkout process. Note that the price for an item may change from when you first placed it in the shopping cart.
Shipping Policy. Annual subscription orders will be shipped within the first 10 business days of February, April, June, August, October & December. Customized boxes will be shipped in accordance with the date provided by the purchaser. We will do our best to ship according to this date however this date is not guaranteed.
Cancellation of subscription:
Annual subscriptions cannot be cancelled within the year of purchase however the balance of the gifts can be transferred to another individual as deemed by the purchaser. There will be no refunds issued.
Customized gifts cannot be cancelled once the order has been processed. The purchaser can however transfer the gift to another individual. Two weeks’ notice will be required for this change to take place.
Shipping of Condition: Forget Me Not Gifts can only guarantee that the items purchased are delivered to the postal service in good condition. We cannot and do not in any way guarantee that the post office will deliver your purchased items to you in the good condition it had left as. Forget Me Not Gifts is no longer liable for the items purchased once they are accepted by the postal service; our only liability is to deliver the items purchased to the postal service in good condition. The request for additional insurance costs will be needed for guarantee good condition upon arrival. In the event that your items purchased arrives damaged, pictures of the package (Showing your address label) it was in along with pictures of the damaged item/s will be needed by email. With USPS delivery and Canada Post, please check for damage before accepting the package and if damaged, do not except. You must file a claim immediately with the postmaster directly. Shipments of purchased items shipped by the United States Post Office/Canada Post ground of over 1000’s of packages were delivered successfully 99.5 percent of the time. Only if insured by you the customer, the Post Office will always come good for damaged packages with the damaged purchased items contained in and processes any claims in a timely manner.
All purchased items are non-refundable. Unless insurance has been requested and purchased above the purchased items costs.
Return Policy. All purchased items are nonreturnable. Only damaged items upon arrival are returnable if you the customer have requested and purchased the additional insurance previously mentioned.
Forget Me Not will only exchange INSURED merchandise that arrived in damaged condition. INSURED merchandise that is damaged upon receipt must be returned in the original container with all original packing materials; all miscellaneous materials that came in with the package must also be included. Returns and exchanges must be shipped paid by the customer.
To return your purchase, simply fill out the return information form that the postal service will provide and send it with the merchandise to:
Forget Me Not Gifts
405 South Creek Square
Thunder Bay, ON, P7B 0C7
Please indicate the reason for return and the action to be taken (exchange/refund). For your protection please insure your package for its full value.
Force Majeure. We will not have any liability to you or be deemed to be in breach of these Terms and Conditions, including these Terms of Sale, from any circumstances which are beyond our reasonable control (including a delay in delivery caused by force majeure). “Force majeure” includes, without limitation, circumstances directly or indirectly resulting from acts of God; acts of the public enemy; strikes; lockouts; epidemic and riots; power failure; fire; earthquake; water shortage or adverse weather conditions; or other causes beyond the control of the parties.
Service and Support. All requests for technical service and support for the merchandise that you purchase through this Site should be made directly to Forget Me Not Gifts contact email in accordance with its terms and conditions.
Intellectual Property Ownership
Copyrights. Unless otherwise indicated, the Site and the design, text, content, selection, arrangement and organization of elements, graphics, design, compilation, and other matters related to the Site, including without limitation User Content as defined below (collectively, “Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States and Canada. All Content and intellectual property rights therein are either the property of Forget Me Not Gifts or are included with the permission of the rights owner and are protected pursuant to applicable copyright and trademark laws.
Permission is granted to the extent necessary to lawfully access and use the Site and to display, print, or download portions of the Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) retain any and all copyright and other proprietary notices contained in the Content; and (iii) do not copy or post the Content on any network computer or broadcast the Content in any media. Forget Me Not reserves all other rights in and to its intellectual property.
Trademarks. Forget Me Not. name and logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Forget Me Not Gifts (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on our Site without the prior written permission of such owners.
Disclaimer of Warranties
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CMI DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. FORGET ME NOT GIFTS DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. FORGET ME NOT GIFTS DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, CERTAIN MERCHANDISE OFFERED ON THE SITE MAY BE COVERED BY A PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF SUCH MERCHANDISE, AND THE LIMITATIONS AND DISCLAIMERS SET FORTH HEREIN WILL NOT LIMIT OR RESTRICT ANY WARRANTY PROVIDED BY THE MANUFACTURER OF ANY MERCHANDISE AVAILABLE FOR PURCHASE ON THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FORGET ME NOT GIFTS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER USERS OF THIS SITE, EVEN IF FORGET ME NOT GIFTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST CMI FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF FORGET ME NOT GIFTS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, FORGET ME NOT GIFT’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
OUR LIABILITY IN CONNECTION WITH A CUSTOMER’S PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH ABOVE, AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself.
You are responsible for maintaining the confidentiality of your account information, including your password and username, and are fully responsible for all activities that occur under your account by you or by anyone else using your account information, whether or not authorized by you.
You agree to use the Site in a manner consistent with any and all applicable rules and regulations. We reserve all rights and remedies available to us. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of the Site (including any information, materials, products or services available through the Site).
The Site is not intended for children or minors under the age of 13 years of age without the permission of a parent or guardian, unless accompanied by a parent of guardian for those under the age of 13. In addition, you must be at least 18 years of age to make a purchase on our Site.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) and/or the information, materials, products and/or services available through the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site.
You or we may suspend or terminate your account, access or use of the Site at any time, or censor, edit or block your transmissions thereto, for any reason or for no reason, in our sole discretion. You are personally liable for any orders that you place or charges that you incur prior to termination.
Severability and Non-Waiver
Failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of any future enforcement of these Terms and Conditions. If any provision of these Terms and Conditions, or the application thereof, shall for any reason and to any extent be invalid or unenforceable, the remainder of these Terms and Conditions and application thereof to other persons and/or in other circumstances shall be interpreted so as best reasonably to effect the intent of the parties.
Law & Jurisdiction
These Terms and Conditions shall be subject to, governed by and construed under the laws of the province of Ontario, without regard to conflict of law principles. Access to, or use of, the Site or information, materials, products and/or services on the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.
You agree that the sole jurisdiction and venue for any controversy or claim arising from the use of or orders made on the Site shall be in Thunder Bay, Ontario.
These Terms and Conditions are personal to you and you may not assign or otherwise transfer any right or obligation under these Terms and Conditions except as permitted herein. We reserve the right to transfer, assign, license or subcontract all or any of our rights or obligations under these Terms and Conditions or any related contract to any third party.
If you have any questions or concerns regarding these Terms and Conditions, please contact us by email or postal mail:
Forget Me Not Gifts
405 South Creek Square
Thunder Bay, ON