Pretty Smithy Bridal
335 Torquay Road, Paignton, TQ3 2EP
Retail Store Terms and Conditions
Updated 13/08/2020
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Pretty Smithy Bridal is the trading name of Pretty Smithy LTD – Company Registration number 11883288
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These terms and conditions are freely available on our website, and a copy will be provided to you at the point of order. This will be provided via a printed copy or sent electronically depending on how you have ordered with our Boutique.
In the modern age, as a business we do our utmost to be as flexible in our approach to running appointments and taking orders from our customers as possible, we know your dress is a big purchase and you may want to go away and think about your dress before committing to a sale with us.
When this happens, you may end up paying for your dress/ paying a deposit for a dress remotely, if this should happen we will send you a copy or a link to these terms and conditions electronically ( this can be via email, whatsapp or text message) or direct you to where our terms and conditions are displayed on our website. It is your responsibility to read these and if you are unhappy with any aspect of your order following reading these terms and conditions, you must raise this with Pretty Smithy Bridal within 24 hours of your sending funds across for a dress payment or a deposit. After this the terms and conditions are deemed as accepted. However, it is important to note that your purchase was made through our retail store, and is not a distance, online or telephone sale.
If you order your dress instore, you will be provided with a printed version of this document, which it is your responsibility to read and accept before paying your deposit/ full dress payment. By paying your deposit you are accepting these terms and conditions for your order.
Terms and Conditions of Sale:
These Terms and Conditions of Sale (“the Terms”) apply to all orders and contracts for the sale or supply of goods or services between Pretty Smithy Limited T/a Pretty Smithy Bridal (“the Seller” or, where applicable, “Us”, “We” or “Our”) and a purchaser of goods and services (“the Purchaser” or, where applicable, “You” or “Your”).
By ordering, placing a deposit for, or purchasing goods and services from the Seller you agree to be bound by these Terms.
All sales resulting from an appointment at our retail store are shop based sales, even if you have sent over payment or a deposit remotely after you have thought about your purchase with us. Your transaction with us is not a distance, online or telephone sale.
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Payments, Deposits and Cancellation
By paying a deposit or making a full payment for a dress, you are making a commitment to purchase with the seller. For all Off-the-Peg, Sale Rail and Dress orders under the value of £700 – we require full payment for the gown to either take the gown off the shop floor or in order to place the gown on order for you with our supplier/s.
We understand that for higher value dresses, full payment at the point of order can be unaffordable for Brides when there is so much to plan for in conjunction with their Wedding. We therefore require a 50% deposit of the total value of the order, when the total value is £700 or more, at the time of placing the order.
However, it is important to note that your gown will be placed on order immediately and is not cancellable with our supplier. Your deposit is a commitment to buy the dress from us and make final payment for it.
There will be no contract of sale in respect of the order until either a deposit or full payment has been paid by the Purchaser and the order has been accepted by the Seller.
Payments can be paid by either bank transfer, debit/credit card, Paypal or cash only.
Deposits are non-refundable.
Paying a deposit or making full payment for a dress is a commitment to buying the dress and going onto to make any final payment due for the dress.
Your Dress will either be immediately removed from sale– preventing our ability to sell it to another customer, pending pick up by you.
Or your Dress will be put on order immediately with our supplier/designer. It is hugely important as a business that we push your order through to the supplier as quickly as possible, so that your dress is then given the appropriate production space in order to have your dress arrive into the boutique as planned. In instances where we are ordering from a supplier who has dresses premade – it is important to note that we do not have visibility on how much stock they have left, only that it is, or is not currently available. We therefore always order these gowns immediately so we can secure your size, or where they have run out of stock, we can then get the gown on pre-order for you on the earliest available delivery date.
We are not able to cancel orders with our suppliers and designers once they have been confirmed.
We are not able to accept dress cancellations from you more than 48 hours after your order with us.
The deposit is not transferable to any goods other than those originally ordered. If the Purchaser wishes to purchase different goods, the Purchaser will need to cancel the original order within 48 hours and place a new order with a new deposit.
Deposits are not taken on orders for accessories. The Purchaser must pay for accessories in full at the time that the order is placed.
Final payment
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A final payment of the balance of the purchase price of any order, after taking into account any deposit already paid, must be paid within 14 days of the order arriving in store and being ready for collection. In the event that the Purchaser fails to pay the full purchase price in accordance to the terms and conditions, the Seller is entitled to resell the goods after a period of one month from notification that the items have arrived with in store
In the case of accessories, a final payment of the entire price must be paid at the time the order is placed.
The Seller will notify the Purchaser when the order has arrived in store and is ready for collection within 5 working days of receipt.
The Purchaser will not be entitled to collect or take delivery of the order, or to make any external alterations to the order, until the Final Payment has been made.
There is a no additional fee for making your Final Payment by credit card.
Delivery, Title and Risk
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Delivery and collection dates given by the Seller are given for guidance only and are not binding upon the Seller. Whilst the Seller will endeavour to ensure goods are available for collection by the date given on the order form, they do not accept responsibility for late delivery caused by any circumstances beyond their control, including but not limited to postal delays or actions of the Seller’s suppliers.
Delivery to the Purchaser shall take place when the Purchaser collects the order from the Seller’s premises. Risk in the goods comprising any order shall pass to the Purchaser on delivery.
Title to the goods comprising any order shall not pass to the Purchaser until the Final Payment in respect of the order has been made in full.
The Purchaser is required to bring identification and all paper work relating to the sale with them on collection so that the Seller can verify that goods are being collected by an authorised person
Before the Purchaser collects any goods and removes them from the Seller’s premises, the Purchaser must satisfy themselves as to the condition of the goods and inform the Seller of any defects or discrepancies.
Sizing, Fitting and Alterations
Dresses are not made to measure. They are ordered by the Seller from its suppliers in accordance with the relevant designer’s standard size charts. It is usual that some alterations are required.
Dresses will be ordered by the Seller for the Purchaser in sizes based on measurements taken at the time the order is placed by the Purchaser, or based on the fit of the shop sample where applicable. The dress size will be dictated by the designer. The Purchaser accepts and confirms that the measurements taken at the time the order is placed have been taken accurately by the Seller.
The Seller’s obligation will only be to deliver a dress in the size ordered by the Seller for the Purchaser as set out above. The Seller is not able to accept any liability for any changes to the Purchaser’s weight.
The Purchaser acknowledges that fitters require that shoes and underwear intended for the wedding day be worn to all fittings. The fitter will recommend appropriate alterations to the dress but if the Purchaser insists on a different fit than recommended on any garment, then it is done so at the Purchaser’s own risk.
The Seller does not carry out alterations but will recommend the services of Seamstresses or other alterations specialists. Seamstresses or alteration specialists are not employed by the Seller and are not agents of the Seller. The Seller undertakes and accepts no responsibility or liability whatsoever in respect of the performance of alterations by, or the Seller’s recommendations in respect of, such Seamstresses or alterations specialists. Any disputes,
questions or queries that arise in respect of alterations must be resolved between the Purchaser and the Seamstress or alterations specialist.
Alterations are not included within the purchase price of the order payable to the Seller. Charges for alterations are charged separately and are to be separately negotiated with and payable to the Seamstress or alterations specialist chosen by the Purchaser.
We can advise you as to the approximate, current costs of alterations on a gown through our recommended seamstresses, however these are approximates and are there to give you a guide only. They are not quotes from the seamstress and are not binding on either us in regards to your order or on the seamstress for the work being carried out.
No external alterations may be made to any orders until the Purchaser has made the Final Payment in respect of the order.
Cleaning
The cleaning of garments ordered by the Purchaser will be at the sole risk of the Purchaser. The Seller undertakes and accepts no responsibility for the actions or omissions of any other person in respect of any cleaning services that the Seller recommends.
Description, Designs and Swatches
Every care is taken by the Seller to ensure that your order matches the swatch of fabric or imagery of fabric or design that you have seen. However, some variation can nevertheless occur. All designers reserve the right to modify their designs from the imagery or samples they have provided to the Seller. Any such variation is beyond the control of the Seller and the Seller does not undertake or accept any liability in respect of such variation. Should such variation occur, as much notice as possible will be given to the Purchaser.
Sample dresses only provide a guide as to colour, therefore whilst every effort is made to match materials and trims with the sample, the Seller cannot guarantee identical matches in all cases.
Custom-made orders
Some designer brands may offer custom made or bespoke amendment services to their dresses or accessories. Custom made orders are non refundable or amendable once the Seller has informed the designer brand of these requests.
Sale and Off- the Peg Items
Sale and Off-the Peg items may be sample dresses that have been displayed on the premises, and as such may not be in perfect condition. The Purchaser should check that any sale items are of satisfactory quality for their requirements. The Seller makes no guarantee that visible marks or stains can be removed by cleaning.
We are unable to provide storage for sale or Off-the Peg items once sold. Sale items must be paid for in full at the point of order, and we will arrange a pick up date for you at the point of order, we usually keep the dress so we can steam and prep it for you to take it away.
Sale and Off-the- Peg items cannot be returned or refunded.
Accessories-only appointments
We cannot book accessories-only appointments on a Saturday due to the volume of appointments. Accessories-only appointments are available free of charge on all other days that Pretty Smithy Bridal is open during the week.
Limitations of liability
The Seller will not be liable for any defects or discrepancies found by the Purchaser after the Purchaser has collected the order and removed it from the Seller’s premises.
The Seller will not be liable, whether in contract or in tort or otherwise, for any indirect, consequential or special damages or losses of whatsoever nature or howsoever caused, whether related to the supply of the goods or their use or not.
Due to the delicate nature of the goods, the seller cannot be held responsible or liable for any damage incurred after collection, during or after the wedding or whilst the dress is in storage.
It is recommended that the goods are kept out of direct sunlight for storage and are not packed tightly, alleviating the risk of pressure marks and keeping embellishments and other alike details intact.
Governing law and jurisdiction
These Terms and any contract for the sale or supply of goods and services between the Seller and the Purchaser shall be governed by English law. Any dispute arising out of or connected to such contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.