Amazing Grace Bridal Boutique,
37 High Street,
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Terms And Conditions
The contractual terms between Amazing Grace Bridal Boutique (hereinafter referred to as the Seller) and those purchasing goods from the Seller are contained exclusively within these Conditions of sale. These Conditions and the Contract shall be subject to and construed in accordance with the Law of England. 2012. Please note - If balance is not paid then we reserve the right to take legal action *4.4
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these T & C’s;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Amazing Grace Bridal Boutique, 37 High Street, Walton-on-the-Naze, Essex. CO14 8BG
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms & Conditions apply to all contracts for the sale of Goods by the Seller to the Buyer & shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms & Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Gowns will be ordered to the nearest standard size to the largest body measurement and if not stated differently ordered to standard manufactures length. 3.3 After the date of the order, no responsibility can be accepted by the seller for any changes to the buyer’s body shape, size or height.
3.4 After the order is received the Seller shall confirm with the buyer the details, description and price for the Goods together with information on the right to cancel.
3.5 A non-negotiable non-returnable 50% part payment is required for all gowns/dresses. Veils or accessories that are to be ordered in for the buyer are to be paid for in full at time of selection. Please note that gowns/dresses or accessories that are made to order and are therefore considered as bespoke items.
3.6 Payment made by cheques must be cleared through the bank before any order is made with the manufacturer.
3.7 Variations of goods. The Buyer must accept there may be slight variations in the goods seen in the shop & those delivered by the manufacturer. This may include the weave of goods made from natural materials, the positioning of embroidery or beading, or slight colour differences due to dye lot variations. No refunds will be given on goods showing such variations. 3.8 Hand beading is very delicate & occasionally a very small amount of beading will be lost during fittings, this is quite normal. However dresses must be handled gently as the crystals can sometimes cut through the thread if mishandled.
3.9 Any deposits securing Sale dresses or Off the Peg dresses are non-negotiable, non-returnable.
3.10 Sale goods or Off the Peg dresses are non-negotiable, non-returnable.
3.11 Cancellation of Weddings. In the event of a wedding being cancelled or any purchase being unwanted for any reason, the balance becomes payable with immediate effect and all goods must be collected.
4 PRICE AND PAYMENT
4.1 All goods supplied by us shall be in accordance with our current price list as published from time to time and further specifications or descriptions expressly listed or set out on the face of the order. This DOES NOT include any costs incurred for alterations
4.2 Gown/accessories balances become payable within 14 days upon arriving in with the Seller. Failure to do this will incur a surcharge of 2.5% per week.
4.3 If the rate of value added tax (VAT) increases between the date of the order and the date of delivery the Seller reserves the right to add the necessary additional amount of value added tax to the price of the goods. If the price of the goods increases for any other reason between the date of the order and the date of delivery the Seller will notify the Buyer of this and will the give the choice of accepting the price increase or cancelling the order in which case any deposit paid will be refunded in full.
4.4 The minimum part payment of 50% will not be refunded if the order is cancelled by the customer. No refunds of the payment will be given on any part of the order items. The remaining 50% balance must be paid within 14 days of the goods arriving in store.
4.5 If the balance is not paid within the 30 days of the dress arriving in store the seller reserve the right to take legal action.
4.6 The goods will not be released until full payment has been received and for cheques, not until they have been cleared.
4.7 For all orders placed the sale is considered final and therefore the Buyer is responsible for all outstanding monies.
4.8 The Buyer will be deemed to have accepted the order on leaving the shop & must satisfied of the goods condition or fitness for purpose. The Seller will not be liable for any defects or discrepancies subsequently discovered.
4.9 Additional charges for delivery of goods will be incurred if you have asked us to arrange a shorter than usual period of delivery from the manufacturer.
4.10 Final payment must be made in full BEFORE ANY ALTERATIONS take place. Under no circumstances will Amazing Grace Bridal Boutique be liable in any way for any work carried out by any seamstresses.
4.11 Gowns/dresses must be collected on day of paying final balance, unless prior arrangements have been made
The Seller warrants that the Goods will at the time correspond to the order given by the Buyer. All other warranties, merchantability or condition of the goods, whether implied by statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
6.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.2 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7 LIMITATION OF LIABILITY
7.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
7.2 Nothing in these Terms & Conditions shall exclude/limit the liability of the Seller for death/personal injury resulting from the negligence of the Seller/Seller's agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
9 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms & Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed & the remainder of the provisions hereof shall continue in full force & effect as if these Terms & Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
12 GOVERNING LAW AND JURISDICTION
Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
13. GUARANTEES / EXCLUSIONS / COMPLAINTS We do not provide additional guarantees. We shall not under any circumstances be liable for any indirect or consequential loss or damage how so ever caused whether by negligence, breach of contract, misrepresentation or otherwise. We reserve the right to discontinue or sell the sample at any time. We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods provided by the Seller, please address them to Amazing Grace Bridal Boutique