TERMS AND CONDITIONS
Please read these terms carefully before you submit your order to us.
1. Information about us and how to contact us
1.1 We are Heart Aflutter Bridal Ltd, a company registered in England, company number 08858515. Our contact details are: Kreativ House, 280 Mare Street, London E8 1HE, tel. 02034 576270, firstname.lastname@example.org.
1.2 How we may contact you. We will contact you by telephone or by writing to you at the email address or postal address you provided to us in your order. It is your responsibility to notify us of any new contact details.
1.3 When we use the words "writing" or "written" in these terms, this includes emails.
2. Our contract with you
2.1 When the contract comes into existence. When you have signed this contract and you have made a full payment (or, in exceptional circumstances, a part-payment equal to or greater than 60%) of the purchase price of the products (inclusive of VAT) a contract will come into existence between us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this, will not charge you for the product and refund any part-payment made. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline specified in your order.
2.3 Payments. Payments are non-refundable unless we cannot accept or fulfil your order. The payment cannot be transferred to another person or item.
3. Product descriptions and measurements
3.1 Products may vary slightly from their pictures. The images of the products in a brochure or on our website or in any other promotional materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure or on a sample swatch accurately reflects the colour of the products. Your product may vary slightly from those images/samples.
3.2 Making sure your measurements are accurate. Once measurements and sizing have been taken for your order, you will sign a purchase document confirming that you agree to the sizes. It is your responsibility to check these measurements and to indicate if you feel that these measurements are incorrect in any way. We will not be held responsible for any weight loss/gain or any other changes in your measurements and sizing after the product has been ordered (for example due to pregnancy).
3.3 Timing of measurements. We will measure each person for each order and advise on the size to be ordered. If the bride is not happy with the sizing they must inform us at the time of order. We will not be responsible for any sizing discrepancies after this time. If a bride defers being measured to a later date it will be the customer’s responsibility to ensure that such measurements are taken in good time for the products to be ordered and delivered in time.
3.4 Special Dress lengths. Orders for gowns which are not of a standard length may be subject to a surcharge which will be agreed before confirming your order. The finished measurement of a “special length” dress can vary by +/-1 inch.
3.5 Guidance. Where we provide guidance in the choice of design, size, colour and measurements we do so without any liability. All dresses, unless stated otherwise are ceremonial dresses only, and are to be used for ceremonial purposes.
3.6 Sample and Sale gowns. At the time of purchase of an ex-sample gown, we will advise of all known faults with the dress. However, it is your responsibility to inspect any samples gowns before purchase to ensure that you are happy with their condition as they are likely to have been subject to wear and tear. Sample dresses will have been tried on by other prospective customers and may have marks on them. Whilst we will make every endeavour to spot clean any visible marks on the outside of your gown, we cannot guarantee that all marks will be removed, we will not clean the inside and underside of the dress and it is your responsibility to have them cleaned prior to wear if required. Sale gowns are priced competitively due to the wear and tear on them. If you require us to make any repairs, you will be responsible for the costs involved.
4. Providing the products
4.1 When we will provide the products. During the order process we will let you know when we expect to provide the products to you. Unless a fixed date for delivery has been agreed in writing, we will deliver the Products within a ‘reasonable amount of time’, taking account of the complexities of any alterations to be made to the Product and the location the Product is being sourced from. By way of guidance only, Products that are not in stock can take up to 6 months to arrive and can take longer during peak periods. On occasions if the product is in stock, it can therefore arrive within a matter of weeks.
4.2 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay in that we cannot fulfil the contract by the date of your wedding, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4.3 When you become responsible for the product. The product will be your responsibility when you collect it from us.
4.4 When you own the products. You own the products once we have received payment in full. The product will be deemed as accepted by you even if you chose not to come and inspect the product.
4.5 Suspending supply of the products. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us any outstanding amount. As well as suspending the products we can also charge you interest on any overdue payments.
5. Your rights to end the contract
5.1 Changing your mind. All payments are non-refundable, regardless of whether you change your mind and no longer require your item. Unless there is a fault with them, which in the case of bespoke items cannot be repaired, you will not be entitled to an exchange or refund of products purchased and ordered from us ‘in-store’. If you order from us over the telephone or from any location away from our shop premise you will be entitled to an exchange or refund, within 14 days of delivery of the products except for in relation to:
(a) Ex-sample gowns.
(b) Bespoke goods (including bridal gowns made to measure, made to order or tailored to fit); or
(c) On Premise contracts
This does not affect your statutory rights.
6. Our rights to end the contract
6.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you (if applicable) or collect them from us.
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1we will not refund any payments you have paid for the Products. You will still be responsible for any outstanding balance on the order (including any loss of profit) in accordance with 8.4 below.
7. If there is a problem with the product
7.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us either in writing, telephone, or speaking to a member of staff.
8. Price and payment
8.1 Where to find the price for the product. The price of the product (which includes VAT) will be set out on the order form. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 8.3for what happens if we discover an error in the price of the product you order.
8.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery costs if applicable) in full before the change in the rate of VAT takes effect.
8.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
8.4 When you must pay and how you must pay:
a) Ordered gowns. The price for the products must be paid in full at the time of ordering. In the exceptional event that we do agree to an initial payment smaller than the full amount, the balance of the price for theproducts must be paid within 8 weeks after the initial payment, and in any event before collection or delivery of the products and within 14 days of the products being received by us. Please note that whilst we provide you with an estimated delivery time, on occasions dresses can arrive much earlier than expected. If this is the case, any balance is still due within 14 days of arrival. We accept payment by bank transfer or credit/debit card.
b) Sale/Sample gowns. It is our policy that sale/sample gowns are paid in full and taken away on the day of purchase.
8.5 Storage costs. We will store each dress free of charge for up to 14 days after the customer has been notified in writing of the dress arriving in store. After this date, we reserve the right to charge storage at £1 per calendar day thereafter.
8.6 Storage in the event of cancellation or postponement. In the event that the wedding date is postponed or cancelled, we ask you to collect your gown within 14 days. If your dress remains uncollected after a period of 12 months either i) after your wedding date (as advised on the order form); or ii) if no date was stated on the order form, 12 months after notification of postponement or cancellation, then we reserve the right to dispose of your dress. We reserve the right to charge storage at £1 per calendar day, starting 14 days after notification is made to you to collect the dress.
8.7 Additional costs. We shall charge additional costs where we are asked to provide products before the usual delivery time or where we are asked to work outside of normal business hours, in which case we will notify you in advance.
8.8 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of HSBC bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9. Alterations and Fittings
9.1 Once we have supplied you with your wedding gown, we have fulfilled our contractual obligation to you. We do not provide a fitting service and the cost of any alterations is not included in the price of the product.
9.2 We are happy to provide you with the contact details of an external alterations specialist upon request.
9.3 If you decide to use the services of the recommended alterations specialist, you will be provided with guideline alteration charges at the time of ordering your dress. However these are guidelines only and in no way serve as a maximum or minimum price. Each piece of work will be individually assessed by the seamstresses and will be charged in accordance with the likely time taken for each piece of work. You will be advised of the cost in advance of any work being carried out.
9.4 Bridal gowns can usually be altered by a maximum of 1-2 UK dress sizes, wholly depending on the cut of the gown. We will advise you of what is possible with your particular gown. We will advise you if we believe that you have unrealistic expectations as to what the alterations can reasonably be performed or if you are requiring alterations beyond 1-2 dress sizes.
9.5 Fittings will need to commence at least 6 weeks before your wedding date. It is your responsibility to ensure that you have booked your first fitting with any external alterations specialist (whether recommended by us or not) sufficiently in advance of your wedding.
10. Our responsibility for loss or damage suffered by you
10.1 Liability during storage of products. In the unlikely event that customers paid for products are lost or damaged, due to fire, flood or theft, whilst on our premises we shall only be responsible for reimbursing the retail costs of such products.
10.2 Third party services. We shall not be responsible for any services provided by a third party, whether or not such third party was recommended by us.
10.3 Swatches. Whilst we can occasionally arrange for a fabric swatch to be supplied, we cannot guarantee that they will exactly match your dress for colour or fabric.
10.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
12. Other important terms
12.1 We may transfer our rights and obligations under these terms to another organisation.
12.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.