TERMS AND CONDITIONS

Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

If there is something wrong with the services provided to you, the remedies for services will apply. If there issomething wrong with your goods, the remedies for goods will apply. In practice, there may be some overlap between the remedies available to you and we will try to agree the most appropriate course of action with you.

 Summary of some of your key rights (goods):

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:

  • up to 30 days: if your goods are faulty, you can get a refund;

  • up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund in most cases;

  • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

You DON’T have a legal right to a refund or replacement just because you change your mind, BUT please ask us about our returns policy as we may still be able to help.

Please also be aware of your obligations in our Order Form.

 Summary of some of your key rights (services):

The Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;

  • if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;

  • if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

 

This contract sets out:

  • your legal rights and responsibilities;

  • our legal rights and responsibilities; and

  • certain key information required by law.

This contract applies where we enter into a contract with you in store and online for the provision of our services.

In this contract:

  • ‘we’, ‘us’ or ‘our’ means Heart Aflutter Bridal Ltd; and

  •  ‘you’ or ‘your’ means the person buying goods and services from us.

If you have any questions about this contract or any orders you have placed, please speak with us in store or contact us by:

Who are we?

We are Heart Aflutter Bridal Ltd, a company registered in England and Wales under company number: 08858515.

 Our registered office is at:

C/o Joshua Leigh & Co., 159 High St, Barnet, Herts, EN5 5SU

Our VAT number is: 225248715

1               Introduction

1.1           If you buy goods and services from us you agree to be legally bound by this contract. By signing the Order Form, you agree to be bound by these terms and conditions.

 1.2           These terms and conditions apply only if you are buying goods and services from us as a consumer (ie for purposes outside of your business, craft or profession).

 1.3           When buying any goods and services from us you also agree to be legally bound by:

1.3.1        extra terms which may add to, or replace some of, this contract.. We will contact you to let you know if we intend todo this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and

1.3.2        specific terms which apply to certain goods or services (or both). If you want to see these specific terms, pleasecheck against the relevant goods in store or speak with us in store about the services (or both).

All of the above documents form part of this contract as though set out in full here.

 

2               Information we give you

2.1           By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below).

 Information we will give you

We will give you information on:

  •  the main characteristics of the goods and services you want to buy; who we are, where we are based and how you can contact us;

  • the total price of the goods and services including any taxes (or where this cannot reasonably be worked out in advance, the manner inwhich we will work out the price);

  • the arrangements for payment, delivery, performance, and the time by which we will deliver the goods;

  • the arrangements for payment, carrying out of the services, and the time by which we will carry out the services;

  • the fact that we are under a legal duty to supply goods that are in conformity with the contract;

2.2           We will give you this information in a clear and understandable way. We will present the payment information by way of an Order Form. Typically, we will do this in store before you buy the goods from us.Some of this information is likely to be obvious from the context. Some of this information is also set out inthis contract, such as information on our complaint handling policy (see clause 14).

 2.3           The key information we give you by law forms part of this contract (as though it is set out in full here).

2.4           If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

 

3               Your privacy and personal information

 3.1           Our Privacy Policy is available at https://www.heartaflutterbridal.co.uk/privacy-policy

 3.2           Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collectfrom you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

 

4               Ordering goods and services from us

 4.1           Below, we set out how a legally binding contract between you and us is made.

 4.2           Any quotation given by us before you make an order for goods and services is not a binding offer by us to supply such goods and services.

 4.3           When you decide to place an order for goods and services with us, this is when you offer to buy such goods and services from us.

 4.4           When you place your order with us, we will acknowledge it in store by signing the Order Form or by emailwith an Order Form. This acknowledgement does not, however, mean that your order has been accepted by us.

 4.5           We may contact you to say that we do not accept your order. This is typically for the following reasons:

 4.5.1        we cannot carry out the services;

4.5.2        the goods are unavailable;

4.5.3        we cannot authorise your payment;

4.5.4        there has been a mistake on the pricing or description of the goods or services (or both).

4.6           We will only accept your goods order when we confirm this in store and we will follow up with an email you to confirm this (Confirmation Email). At this point:

4.6.1        a legally binding contract will be in place between you and us;

4.6.2        we will start to carry out the services in the way you and we have agreed; and

4.6.3        we will dispatch the goods to you when available on receipt of full payment


5               Delivery of goods

5.1           If we need to deliver goods to you or you ask that we do so, we will use a service provider of our choosingto deliver our goods. Information on delivery options and costs will be provided to you in store before youplace your order. You will be able to choose your preferred delivery option when you place your order.

5.2           We will let you know in store or in the Confirmation Email (see clause 4.6) the estimated date for delivery of the goods.

 5.3           If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery. See clause 6 for what happens if there are any problems in installing the goods.

 5.4           Delivery of the goods will take place at the address specified by you when you placed your order with us.

 5.5           If nobody is available to take delivery, please contact us using the contact details at the top of this contract.

 5.6           You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or athird party notified by you takes, possession of the goods.

 

6               Carrying out of the services

6.1           We will carry out the services by the time or within the period which you and we agree (either in store or in writing via email).

 6.2           Our carrying out of the services might be affected by events beyond our reasonable control. If so, theremight be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start orrestart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:

6.2.1        you change the services (and this means we have to do extra work or wait for extra materials);

 6.2.2        materials are not delivered at the time agreed with the supplier of the materials (and we cannot obtain a replacement within a reasonable time or the price charged by a supplier is much higher than the original charge);

 

7               Charges and payment

 7.1           We will let you know the cost of or basis of calculating the charges for the goods and services (and anyextra charges such as delivery charges) to the fullest extent we can when you place an order with us. The cost of the goods is set out in store.

7.2           We charge for our services on a fixed-price basis (ie we promise to carry out the services at a fixed price). Your bill will show the dates when the services were carried out and other key information such as the dates of payment and the cost of goods/services. Please contact us using the contact details at the top of this contract if you want any further information on your bill or have a query on it.

7.3           For the purchase of dresses, we accept the full purchase price up-front. However, we do offer the optionfor an immediate payment of 60% of the total price when you sign our Order Form. The remaining 40%shall be due no later than 8 weeks from the date of the order being accepted. All payment terms are within14 days of receipt of the invoice. Please note that goods will not be dispatched or available for collection before full payment is received.

 

7.4           We accept all credit cards. We do not accept payment via cash or cheque.

 7.5           Your credit card or debit card will be charged for the goods just before the goods are dispatched by us.

 7.6           All payments by credit card or debit card need to be authorised by the relevant card issuer.

 7.7           All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges of the goods. For information on delivery and installation options and costs, speak to us in store.

 8               Nature of the goods

8.1           The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.

8.2           We are under a legal duty to supply you with goods that are in conformity with this contract.

8.3           The packaging of the goods may be different from that shown in store.

8.4           The goods may vary slightly from their pictures. The image 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 goods. The goods may vary slightly from those images/samples.

8.5           While we try to make sure that all weights, sizes and measurements set out in store are as accurate as possible, there may be a small tolerance of up to in such weights, sizes and measurements. Once a bride has been measured, these will be agreed in the Order Form. 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 beresponsible for any weight loss/gain or any other changes in your measurements and sizing after the goods have been ordered, (for example due to pregnancy).

8.6           Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

8.7           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.

8.8           If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:

8.8.1        we will let you know if we intend to do this but this may not always be possible; and

8.8.2        you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

 

9               Nature of the services

 9.1           The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:

9.1.1        where the price has not been agreed upfront, the cost of the services must be reasonable; and

 9.1.2        where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.

 9.2           We are under a legal duty to supply you with services that are in conformity with this contract.

 

10            Faulty goods or services

 10.1        Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at thetop of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

10.1.1     speak with us in store.

10.1.2     contact us using the contact details at the top of this contract; or

10.1.3     visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.


10.2        If there is something wrong with the services provided to you, the remedies for services will apply. If there is something wrong with your goods, the remedies for goods will apply. In practice, there may be some overlap between the remedies available to you and we will try to agree the most appropriate course of action to with you.

10.3        Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.4        If the goods or services we have provided to you are faulty, please contact us using the contact details at the top of this contract.

 

11            End of the contract 

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 12            Limitation on our liability

 12.1        Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

12.1.1     losses that were not foreseeable to you and us when the contract was formed;

12.1.2     losses that were not caused by any breach on our part;

12.1.3     business losses; or

12.1.4     losses to non-consumers.

 13            Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

 

14            Disputes

 14.1        We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you purchased, the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this contract.

 14.2        If a dispute cannot be resolved by us, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

 14.3        The laws of England and Wales apply to this contract, although if you are resident elsewhere you willretain the benefit of any mandatory protections given to you by the laws of that country.

 14.4        Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.