Terms and Conditions for Guests
We intend to rely upon the terms set out below. We draw Your attention to clauses 5 and 7 in particular. To protect Your own interests please read these conditions carefully before placing an order with Us. If You do require any changes to the Terms please ensure You ask for these to be put in writing by Us.
If You are uncertain as to Your rights under these terms or You want any explanation about them please write to or telephone our office at the address and telephone number set out at the bottom of these Terms under "CONTACT US".
1. DEFINITIONS AND INTERPRETATION
1.1 In these terms and conditions ("Terms"):
|"Couple"||means the couple whose List You are purchasing Presents from;|
|"List"||means the list of Presents compiled by the Couple;|
|"Order"||means Your order for Presents;|
|"Order Confirmation"||means Our written (including by email) acceptance of Your Order;|
|"Present" or "Presents"||means the item or items purchased by You pursuant to these Terms;|
|"Price"||means the price of the Presents;|
|"Website"||means the website www.weddingpresentsdirect.co.uk or www.interioroutfitters.co.uk or any other URL operated by WPD that may replace this;|
|"Wedding Date"||means the date of the Couple's wedding confirmed to Us by the Couple;|
|"WPD", "our", "we" or "Us"||means Wedding Presents Direct whose principal place of business is at 2b Tealgate, Charnham Park, Hungerford. RG17 0YT;|
|"You"||means the purchaser agreeing to purchase Presents from WPD (and "Your" shall be construed accordingly);|
1.2 Clause headings shall be ignored in interpretation, references to the singular includes the plural and vice versa.
1.3 Any provision of the Terms which is invalid or unenforceable shall be removed for that purpose but shall otherwise remain valid and enforceable and shall not affect the validity of the remainder of the Terms.
1.4 Neither We nor You may alter these Terms without the written agreement of the other.
1.5 References to clauses or provisions are to those within these Terms.
2. SALE AND PURCHASE
2.1 You agree to be bound by these Terms when purchasing Presents from a List. These Terms and Your Order together set out the whole agreement between You and Us for the sale and purchase of the Presents.
2.2 Please check and confirm that the details on the Order are complete and accurate before You confirm Your Order. If You believe that there is a mistake at any stage please notify Us immediately on the contact details below.
2.3 Please ensure that You read and understand these Terms before You submit the Order because You will be bound by the Terms once a contract comes into existence between us in accordance with clause 2.6 below.
2.4 Any samples, pictures, descriptions or advertising we issue and any descriptions or illustrations on the Website are issued or published solely to provide You with an approximate idea of the Presents they describe. They do not form part of the contract between You and Us or any other contract between You and Us for the sale of the Presents.
2.5 The Order is an offer by You to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.6 These Terms shall become binding on You and Us when we issue You with an Order Confirmation at which point a contract shall come into existence between us.
2.7 You may cancel the Contract between us for any Presents other than personalised Presents, by providing Us with written notice (to either the postal or email address set out below under CONTACT US or using the cancellation form) at any time up to and including the fourteenth day (not including Saturdays, Sundays or Bank Holidays) after the date on which your Order is delivered to the Couple. The following shall apply in this respect:
2.7.1 You will be responsible for arranging and paying for collection from the Couple and delivery of the Presents (in the same condition as delivered to the Couple) You wish to cancel to our address below within fourteen (14) days of Your written cancellation;
2.7.2 we shall reimburse you the Price using the method of payment You used when placing the Order and in accordance with our Cancellation Policy.
2.8 We may revise and amend these Terms from time to time to reflect changes in our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements. You will be subject to the policies and terms in force at the time that You order the Presents from Us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders You have previously placed that we have not yet fulfilled).
3.1 We warrant that on delivery the Presents shall:
3.1.1 conform in all material respects with the manufacturer's specification subject to any qualification or representation contained in the brochures or other documentation;
3.1.2 be of satisfactory quality;
3.1.3 be fit for any purpose we say the Presents are fit for or for any reasonable purpose which the Couple uses the Presents;
3.1.4 be free from material defects in design, material and workmanship; and
3.1.5 comply with all applicable statutory and regulatory requirements for selling the Presents in the United Kingdom.
3.2 The warranties in these Terms are in addition to Your legal rights in relation to Presents which are faulty or which otherwise do not conform with these Terms. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or trading standards office.
3.3 The warranties in these Terms do not apply to any defect in the Presents arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, if You or the Couple uses the Presents in a way that we or the manufacturer do not recommend, Your or the Couple's failure to follow the manufacturer's instructions, or any alteration or repair You or the Couple carry out without our prior written approval.
3.4 We will take reasonable steps to pack the Presents properly and to ensure that the Couple receive the Presents in good condition.
3.5 These Terms apply to any repaired or replacement Presents we supply to the Couple in the unlikely event that the original Presents are faulty or do not otherwise conform with these Terms.
3.6 You agree that the Couple shall have title to the Presents upon payment in full for the Presents by You.
4.1 You agree that we will deliver the Presents to the Couple in accordance with our Agreement with them.
4.2 Delivery of the Presents will be completed when we deliver the Presents to the Couple's delivery address as agreed between Us and the Couple. Please note that delivery may be some time after the Wedding Date and depends upon a number of factors including whether the Couple chooses to delay the ordering of their Presents or for Us to store their Presents.
4.3 The Presents will be the responsibility of the Couple from the point of delivery at their delivery address.
4.4 Please note that the Presents may be exchanged at the option of the Couple with Presents of a greater or equivalent value to the Price (for example to make up sets of crockery or glasses). You agree that where such exchanges are made in respect of the Presents You purchase we will have discharged our responsibilities to You as though the Couple had received the Presents originally selected by You.
4.5 You acknowledge that the purpose of the agreement between You and Us is to provide the Couple with a present of equivalent value to the Price (whether this is the original Present or one subsequently exchanged at the request of the Couple). You agree that We are under no obligation to notify you of any exchanges of Presents that the Couple makes.
4.6 If for reasons beyond our control the Present You purchase is unavailable We will contact the Couple to arrange for them to choose an alternative Present of equivalent value.
5. DAMAGED OR FAULTY GOODS AND RETURNS
YOUR ATTENTION IS DRAWN TO THIS CLAUSE
5.1 In the unlikely event that the Presents do not conform with these Terms You or the Couple must let Us know as soon as reasonably practicable and in any event within seven (7) days of delivery of the Presents. We will then liaise with the Couple to arrange return of the Presents and assess how best to resolve the issue. We will normally either arrange for repair or replacement of the Presents by the manufacturer. If a satisfactory resolution cannot be achieved by repair or replacement we will arrange for a refund of the Price to the Couple who may then choose alternative Presents of the same value or higher value provided that the difference is paid by the Couple.
5.2 These Terms will apply to any repaired or replacement Presents we supply to the Couple.
6. PRICE AND PAYMENT
6.1 The Prices of the Presents displayed on the Website are liable to change at any time, but price changes will not affect Orders that we have confirmed in an Order Confirmation.
6.2 You will note that the prices for Presents may appear in Sterling (GBP), US Dollars (USD) and Euro (EUR); please note that the USD and EUR prices are for indication only and may be subject to currency and exchange rate fluctuations. The Price will be the price confirmed on the Order Confirmation we send to You.
6.3 The Price includes VAT and delivery costs to a UK mainland address. We will liaise with the Couple regarding any extra delivery costs which fall outside the Price.
6.4 Payment for all Presents must be made in advance. We accept payment by cheque or most major credit and debit cards (we are unable to accept payment by American Express).
6.5 We will take reasonable care to keep the details of Your payment secure, but in the absence of negligence on our part we will not be liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
6.6 By placing an Order You authorise us to transmit information about You including Your payment and contact details in order that we may authenticate Your identity, validate Your payment, obtain an initial payment authorisation and/or authorise Your Order.
6.7 You confirm that any card You use for payment is issued to and held by You.
6.8 You acknowledge that Your Order is subject to authorisation by Your bank or card issuer and if for any reason Your Bank or Card Issuer refuses to or does not authorise payment to us we will not be able to despatch the Presents to the Couple.
6.9 From time to time Couples are left with an outstanding credit balance after delivery of their Presents, due to discontinued lines, unused gift vouchers or similar. In such event we write to the Couple and inform them of the credit balance and encourage them to order an additional Present or Presents to use up the credit balance. Any credit balance remaining in a Couple's account shall remain valid for three (3) years from the date of the Couple's wedding after which time the credit balance shall expire.
7. LIMITATION OF LIABILITY
YOUR ATTENTION IS DRAWN TO THIS CLAUSE IN PARTICULAR
7.1 Subject to clause 7.3, if either of us fails to comply with these Terms each of us shall be responsible only for those resulting losses that the other suffers which are a foreseeable consequence of the failure to comply with these Terms.
7.2 Subject to clause 7.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which are not a foreseeable consequence of such failure, including, but not limited to, losses that fall into the following categories:
7.2.1 loss of income or revenue;
7.2.2 loss of business;
7.2.3 loss of anticipated savings;
7.2.4 loss of data;
7.2.6 loss of enjoyment; or
7.2.7 any waste of time.
7.3 This clause 7 does not exclude or limit in any way our liability for:
7.3.1 death or personal injury caused by our negligence; or
7.3.2 fraud or fraudulent misrepresentation; or
7.3.3 any matter which may not be lawfully excluded or limited.
8.1 By accessing our Website You agree to be legally bound by this section 8.
8.2 The information on the Website is made available to You on condition that it is accessed via our central server. Any other method of access shall be deemed a breach of these Terms.
8.3 The material and content contained within the Website is made available for Your personal non-commercial use only. We have taken care to ensure that the information on the Website is technically and factually accurate but some errors may occur. No guarantee is given as to the accuracy or completeness of the information on the Website.
8.4 We may alter, modify or withdraw the Website temporarily or permanently without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website.
8.5 We use reasonable endeavours to prevent contamination by any known viruses and to maintain the security of the Website but we do not warrant that the Website or its contents are virus free or uncontaminated, nor can we guarantee that the Website may not be affected by deliberate damage by hackers, failure of plant, machinery, equipment or computers, power failure, failure of telecommunications lines or any criminal action. You are advised to make Your own virus checks and to implement Your own precautions in this respect. Unless we are negligent in this regard We shall not be liable for contamination or damage caused by any virus or electronic transmission.
8.6 The Website may be used only for lawful purposes and in a lawful manner.
8.7 The Website is provided on an "as is" basis and whilst we make every reasonable effort to ensure accuracy, security and completeness, because of the nature of the internet we cannot guarantee that the Website contents will be completely accurate, secure or error-free
8.8 The images of Presents displayed on our Website or in our promotional materials are for guidance only and the Presents You purchase may vary slightly in colour or design. We cannot accept return of any Presents if they vary slightly from any such images.
8.9 You agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or our licensors.
8.10 The contents of the Website are © Wedding Presents Direct 2015 or are the copyright of WPD's licensors.
9. DATA PROTECTION
9.2 You warrant that all personal data and other information You provide to us is true and accurate.
10. AGE RESTRICTED PRODUCTS
10.1 The Presents may include products containing alcohol, offensive weapons, or age-restricted media (Books and DVDs for example). Please note the following in this respect:
10.1.1 it is an offence for any person under the age of 18 years old to buy or to attempt to buy alcohol, or for any person over the age of 18 to buy alcohol on behalf of any person under the age of 18;
10.1.2 it is an offence for any person under the age of 18 years old to purchase a knife or blade that could be used to harm others;
10.1.3 it is an offence for any person under the age of 18 years old to buy, or attempt to buy an item that could be used for solvent abuse, or for any person over the age of 18 to buy these products on behalf of any person under the age of 18;
10.1.4 it is illegal for a person to purchase pre-recorded DVD or other recorded or printed media where that person is younger than the age limit specified in respect of such media.
10.2 If You purchase Presents to which any of 10.1 applies You warrant that You have attained an age which legally entitles You to buy and Us to sell the Presents. You undertake to provide us with truthful and accurate information, and to act in full compliance with all legislation relating to the sale of age restricted items.
11.1 These Terms (together with the documents referred to in them) constitute the whole agreement between us and supersedes any previous agreements between us. Please do not rely on any verbal or written statements or promises made by anyone other than Us or our duly authorised representatives. Nothing in this clause shall limit or exclude liability for fraud.
11.2 We will not be liable or responsible for any failure or delay to performance of our obligations under the Terms caused by events outside our reasonable control including, fire, flood, storm, explosion, earthquake, act of god, terrorist act, epidemic or other natural disaster, failure of transport systems including rail, road, sea and air or impossibility of use of telecommunications systems.
11.3 If any of the events in 11.2 arises the agreement shall be suspended for the period of the event and both parties will take reasonable steps to find a solution so that each party may perform its obligations despite such event.
11.4 You may not assign or transfer any of Your rights or obligations under these Terms without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect Your rights under these Terms.
11.5 If we fail at any time to insist that You perform any of Your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that You do not have to comply with those obligations. If we do waive a default by You that will not mean that we will automatically waive any subsequent default by You. No waiver by Us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell You so in writing.
11.6 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
11.7 These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English Courts to settle any disputes between us.
If You have any queries in relation to these Terms or any other matter, please contact Us:
Telephone: 01488 662100 (office hours are 9am to 5pm)
Fax: 01488 680702
Post: James Dundas, Wedding Presents Direct, 2b Tealgate, Charnham Park, Hungerford. RG17 0YT
Wedding Presents Direct principal office: 2b Tealgate, Charnham Park, Hungerford. RG17 0YT