Online Sales - Terms and Conditions
Terms and Conditions for Online Sales at www.prettysmithybridal.co.uk
All contracts of sale made by Pretty Smithy Ltd ("the Company") shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication with the party with whom the Company is dealing ("the Customer").
These terms and condition do not affect the Customer's statutory rights and are intended to help the Customer to help the Company to provide excellent service in the unlikely event of a problem.
1. Acceptance of Orders
All orders submitted on the Company's web site or via any other sales channels, including but not limited exclusively to eBay, Amazon, Froogle, Kelkoo etc., are subject to the Company's express acceptance in a confirmation email which advises of cleared payment and delivery details. No order placed by the Customer shall be deemed to be accepted by the Company until the Company issues this final acceptance email of the order to the Customer. All orders are fulfilled subject to these terms and conditions of sale unless otherwise varied by an agreement in writing. It may not be possible for the Company to accept orders for certain items for delivery to certain countries and outlying areas of the UK. If this applies the Company will inform the Customer and provide a full refund promptly.
2. Carriage, Postage and Packing
Charges are made for all delivery options except where detailed otherwise and will be invoiced to customers at the prevailing rate.
By default, we will offer the lowest possible shipping rate for your destination.
Goods are invoiced at the price shown at the time of acceptance of an order. Prices shown include VAT which is payable on all goods or services delivered within the EU.
Every effort is made to update and keep current the prices shown on our web site. However the Company reserves the right to modify prices in respect of orders which have not been accepted. Where a product is pictured "in situ" on the web site the price quoted includes only the main product described and not any accessories or accompanying items shown except where otherwise stated.
4. Specifications / Dimensions
While most products are made from identically made components to a standard specification, due to a policy of continuous improvement manufacturers reserve the right to modify designs, specifications and materials without prior notification. All dimensions are therefore approximate.
The Company makes every effort to ensure that it is only possible to order items which are currently held in stock. If an order is received for an item which is out of stock the Company reserves the right to upgrade the order to a higher specification in the same size without notice, in which case no additional charge will be made.
a) Any time or date for delivery stated by the Company shall be treated as an estimate only. While every effort will be made to despatch goods within the timescale quoted, no liability can be accepted by the Company for failure to deliver within the quoted times or within any specific time period. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.
b) The Customer should check their order promptly and carefully upon arrival, and inform the delivery agent of any damages or shortages discovered at the time of delivery and record this on the delivery record (e.g. "packaging damaged"). If the Customer is unavailable to do this they should check the order carefully within 48 hours of delivery. In all cases the Customer should notify the Company of any damage or shortfall within 48 hours of delivery.
c) If the Customer unreasonably fails to take delivery of the goods from our delivery agent or fails to do so after 7 days or 2 delivery attempts, or if a specific delivery day or time is prearranged with the delivery agent and the Customer fails to attend the delivery premises during the specified period, the Company may charge any additional and reasonable costs that the Company incurs for the Customer's failure to take delivery. Evidence of these additional costs will be provided on request.
d) Where access to the delivery address is limited or additional equipment is required to complete delivery of the goods, additional charges to cover the full costs of these services plus administrative costs will apply.
e) If an item is returned to the Company because the Customer failed to take delivery as described in 5c above, any refund will be less the original delivery cost or £10, whichever is greater, plus the cost of returning to us which is equal to the original delivery cost or £10, whichever is greater. The Company will notify the customer of despatch, after which time it becomes the Customer's responsibility to contact the courier company.
6. Property and title
No property or title to goods shall pass to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash (and, in each case, any applicable cancellation period has passed) and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customer's custody.
Goods remain at the Company's risk until they come into the physical possession of the Customer, except where the Customer has specified their own courier company or collection agent in which case the Customer will be liable for any loss or damage incurred once the goods have been handed to the courier/agent.
7. Returns and Cancellations
The Customer has the right to cancel this contract within 14 days, without giving any reasons. The cancellation period will expire after 14 days from the day of delivery of the order.
To exercise this right the Customer must inform the Company of the decision to cancel this contract by a letter sent to Pretty Smithy Bridal. 335 Torquay Road, Paignton, TQ3 2EP, by email to firstname.lastname@example.org. To meet the cancellation deadline, it is sufficient for the Customer to send communication concerning the exercise of the right to cancel before the cancellation period has expired.
Following receipt of such notice the Company will contact the Customer to arrange for the return of the goods.
If the Customer cancels the contact, the Company will reimburse to the Customer all payments received, including the costs of delivery, with the following exceptions:
(a) the Customer is responsible for the costs of returning the goods to our warehouse address. Details of the address for return will be provided when the Customer contacts the Company's customer service team to request cancellation. If the Company undertakes to arrange this return then the return costs will be deducted from the Customer's refund. These are estimated at a maximum of £10 per item. The goods must be returned within 14 days of the Customer's cancellation of the contract.
(b) the Company may make a deduction in the reimbursement of costs to offset any loss in value of any goods supplied if that loss is the result of unnecessary handling by the customer. This is defined as handling beyond what would be considered reasonable in a shop to establish the nature, characteristics and functioning of the goods. The Customer is responsible for packaging the goods for return in a manner suitable for courier transport.
(c) where the Customer has specified an upgraded delivery service from the Company to the Customer the Company will only reimburse to the Customer the cost of the Company's cheapest relevant standard delivery service.
The Customer must return the goods within 14 days of providing notice of cancellation.
The Company will make the reimbursement within 14 days of receipt of the goods using the same means of payment as used for the initial transaction, unless the customer and company have expressly agreed otherwise; in any event the Customer will not incur any fees as a result of the reimbursement.
If an item is found to be faulty or damaged, and the Company receives a written complaint by email from a Customer within 30 days of receipt, the Company after it has had a reasonable time to examine the goods in dispute to confirm any fault or damage shall either replace or repair the defective goods or refund the purchase price should the Customer choose to reject them.
All goods sold by the Company are warranted free from defects in material and workmanship for a period of 12 months from the date of delivery. If an item develops a fault during this period and after the initial 30 days, the Company shall either repair or replace the defective goods within a reasonable time frame without causing significant inconvenience to the customer, or where this is not possible shall refund the Customer.
No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer or through use not in accordance with the manufacturer's instructions by the Customer or goods which cannot be shown to have been supplied by the Company.
Some of our products come with product care and safety instructions provided in the boxes. The customer agrees to read and adhere to these, as failure to follow the instructions and advice given may harm the Customer's product and invalidate their warranty. If for some reason the Customer does not receive a copy then the Company's customer team will provide one on request.
9. The Company's liability
a) Subject as expressly provided in these Terms and Conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10. Contract Law
Pretty Smithy Ltd ("the Company") is a UK registered company (No. 11883288) with its registered office at 45 Pines Rd, Paignton, TQ3 3PF.
Customers accept that by dealing with Pretty Smithy Ltd they agree to these Terms and Conditions and that any contract formed with Pretty Smithy Ltd will be a contract under and subject to the laws of England whose courts will have exclusive jurisdiction in the determination of any disputes.
a) If any provisions hereof shall be held to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
b) Waiver by the Company of any breach of these Terms and Conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
c) All headings are for convenience only and do not form part of these Terms and Conditions.
d) Any notice or demand to be given hereunder shall be in writing and shall be either delivered either by hand, sent by first class prepaid letter to the last known address of the party to be notified or sent by email and shall be deemed to have been served immediately, if delivered by hand or email and forty eight hours after posting if posted as aforesaid.
e) The Company may at its discretion record telephone transactions with its customers. This is for staff training and quality assurance purposes only.