Copywritght Elizabeth Rose Events 2015
Terms and Conditions
1.1 "Seller” refers to Elizabeth Rose Events. “Customer” means the person who buys or agrees to buy the goods from the seller. “Conditions” means the general terms and conditions as set out below (including any special terms and conditions as specified either by notice on the seller’s website, or in writing from the seller). “Goods” means the articles the customer agrees to buy from the seller as specified by bill of sale. “Price” means the price for the goods as specified by bill of sale. “Build” refers to the manufacturing of the goods. The Effective Date of the Contract shall be deemed to be the date when the first payment or deposit is made by the Customer.
2.1 The terms and conditions set out below form the basis for any contract between the seller and the customer and shall apply unless expressly agreed in writing by the seller.2.2 The first payment or deposit will be deemed as conclusive evidence of the customer’s acceptance of these conditions in their entirety.
2.3 Any subsequent verbal orders will be bound by these terms.
2.4 Nothing in these conditions will affect he statutory rights of the customer.
2.5 The customer undertakes to notify the seller promptly of any changes in address and/or telephone number and/or email address. The seller reserves the right to consider the failure to notify of such changes as a request by the customer to terminate the contract in accordance with the arrangements detailed in Clause 9.
3. Orders and Specifications
3.1 All orders for goods made by the customer are accepted by the seller subject to availability from the seller’s suppliers and upon receipt of an initial payment from the customer of not less than 20% of the purchase price of the goods.
3.2 The customer shall be solely responsible for ensuring the accuracy of the details of the order for goods.
3.3.1 The seller accepts no liability in respect to any defect or deterioration in the goods arising from fair wear and tear, wilful damage, negligence by the customer, abnormal working conditions, unsuitable storage conditions, failure to follow the seller’s instructions, whether given in writing or orally, misuse or alteration of the goods without the seller’s written approval.
3.3.2 In the event that the goods suffer from defect or deterioration under the conditions outlined above the customer has 7 days to bring it to the attention of the seller. If the seller is able to rectify the situation she will but at additional cost to the customer which will be laid out in writing before any work commences. All remedial work requires immediate payment and is also bound by these terms.
3.3 Acceptance of delivery of the goods will be deemed as approval of the seller’s work as will any intermediate correspondence between the seller and customer which clearly shows progress of the build.
3.4 Due to natural deviation in materials no guarantee or warranty is given that the goods supplied will exactly match any colour sample supplied by the customer or pictures sent to the customer by the seller of the materials and build.
3.5 The seller will supply the customer with photographs of the build throughout and of the final goods before they are delivered. The customer must notify the seller within 24 hours of any changes they wish to be made. The seller reserves the right to charge for each alteration if 3 or more have been requested by the customer.
4. The Price and Terms of Payment
4.1 The price shall be the price set out in the bill of sale which is payable, together with any other charges due in accordance with these conditions, by the customer. Unless otherwise specified the price does not include delivery to any address other than the one detailed on the bill of sale.
4.2 Prices quoted apply for that specific enquiry and will be honoured for 30 days. After this time the seller reserves the right to change the amount quoted.
4.3 All item prices quoted on the website are exclusive of delivery charges. For a quote inclusive of delivery please email email@example.com
4.4 The seller shall not be bound to deliver any goods until the customer has paid for them in full in cleared funds.
4.5 Full payment is due 8 weeks before the agreed delivery date. The payment due date will be outlined on the bill of sale. If the order is placed with less than 8 weeks until delivery is required full immediate payment is due.
5.1 Any date referred to in a quotation, order acknowledgement or bill of sale for the delivery/collection of goods is an approximate date only and the seller shall not be liable for any delay in the delivery/collection of goods however caused.
5.2 If the seller is unable to deliver the goods for any reason other than any cause beyond the seller’s reasonable control or the customer’s fault and the seller is accordingly liable to the customer, the seller’s liability shall be limited to the refund price of the goods.
6. Use of Goods
6.1 No responsibility will be taken by the seller should any person/child suffer an injury from the goods at any time and the seller shall not be liable for any death or injury caused by the goods being improperly used, wilful damage, negligence by the customer, abnormal working conditions, unsuitable storage conditions, failure to follow the seller’s instructions, whether given in writing or orally, misuse or alteration of the goods without the seller’s written approval..
6.2 Under no circumstances should the goods be thrown.
6.3 Children under 3 should not be given a brooch, button or shell bouquet to use due to small parts.
6.4 Should you allow the seller to contact your photographer (if applicable) any images of the goods in use will be used at the seller’s discretion.
7. Hiring of Goods
7.1 The customer is responsible for the goods hired from delivery until receipt of the returned goods by the seller.
7.2 Customers are liable to pay for any damage sustained to the goods during the hire period up-to the full cost of replacing the goods.
7.3 Hiring periods are for a maximum of 3 consecutive dates to cover delivery, the wedding day and collection. If an extended period is required extra hiring costs may be incurred.
8. Buying Bespoke Goods
8.1. Once an order has been placed and a delivery date agreed, the customer will have an 8 week build slot allocated to them. This is usually the 8 weeks immediately before delivery however, in busier times, when full payment has been received; the build slot may be earlier than this time.
8.2. By ordering the goods the customer accepts the goods will be finished in the seller’s particular style and whilst customers are consulted during the building process for their input, the seller has final say over the overall look of the product to ensure quality.
8.3 During the building process customers will be allowed 2 sets of revisions. If the customer requires further alterations a fee will be applicable.
8.4 Any personal items given to the seller to include in the make-up of thecustomer's goods shall remain the property of the customer.
8.5 The seller accepts no liability for the loss or damage of goods supplied to them by the customer.
9.1 In the event the customer wishes to cancel this contract, the customer shall be entitled to do so upon giving notice in writing to the seller. In the event of cancellation the customer shall pay the following charges:
9.1.1 In the event the contract is terminated within 7-days of the effective date and the seller has placed an order with a supplier for the materials to make the goods in order to meet her obligations as laid out or at the behest of the customer the customer remains liable to the seller for the full cost of the goods. In all other cases the customer shall be entitled to the return of their deposit minus an administration charge equal to 20% of the total order value up-to a maximum of £50.
9.1.2 After 7-days, the contract is binding on the customer and the customer shall be obliged to pay the full price of the goods.
10.1 If at any time one or more of the above conditions becomes in part or whole invalid, illegal or unenforceable in any respect under the English law, the validity, legality and enforceability of the remaining provisions thereof and of the other condition herein shall not in any way be affected or impaired thereby.
10.2 No failure by the seller to enforce any right under these conditions shall be deemed to be a waiver of any such rights and will not operate so as to bar the exercise or enforcement thereof at any time.
10.3 If donations of materials are given to the seller for general use, they will be used at the seller’s discretion, and will remain the property of the seller. The customer or donor will lose all rights over the materials including when and where they are used and how and when the finished goods are publicised.