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Below are our Terms and Conditions of Sale. On placing an order you will be sent a contract detailing these which you will be required to sign to complete the order contract.
1. DEFINITIONS
1.1 The “Buyer” means the person who buys or agrees to buy Goods from the Seller.
1.2 The “Seller” means Emily Jane Forsyth Trading as Rivendell Bridal.
1.3 The “Conditions” means the Conditions of Sale set out in this document and any special conditions agreed to in writing by the Seller.
2. CONDITIONS
2.1 These 'Terms and Conditions” do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.3 If any amendments to these terms and conditions are required it is preferable that they be confirmed in writing.
3. CONTRACT TERMS
3.1 The terms and conditions in this document are effective for the duration of the contract until the order has been completed and Goods have been accepted by the Buyer.
4. MEASUREMENTS
4.1 The Seller will make each individual item ordered to the buyers specific measurements. If the Buyer is providing their own measurements the Seller takes no responsibility for the inaccuracy of these measurements and the ill-fitting of any garments as a result of measurements provided by the Buyer.
4.2 The Seller only guarantees the fit of the final garment if the Buyer has attended fittings to have the garment checked.
4.3 If the Buyer is supplying measurements they must be received within the time frame indicated by the Seller in order for the order to be completed on time.
5. ALTERATIONS
5.1 If the Buyer is attending fittings for garments being provided by the Seller, alterations will be made during these fittings to ensure a good fit of the garment.
5.2 Alterations made during fittings are undertaken buy the Seller at no extra cost to the Buyer.
5.3 If the Buyer is unable to attend fittings and the garment has been made to measurements provided by the Buyer, the Seller can not guarantee the fit of the garment when it is delivered or collected.
5.4 If the Buyer has not attended fittings and the garment needs to be adjusted when the Buyer receives it, the Buyer can, with prior agreement from the Seller, return the garment to the Seller, who will make every effort to make the necessary adjustments and return the garment to the Buyer in time for the wedding date.
5.5 The Seller cannot guarantee that any garment returned for adjustment will be completed and returned to the Buyer in time for the wedding date unless it is returned to the Seller at least 4 weeks before the wedding day.
5.6 If the Buyer is not located in the United Kingdom, the Seller recommends taking the garment to a local seamstress for adjustment, especially if time is of the essence.
5.6 The Seller will not carry out free of charge, and cannot guarantee to be able to make adjustments needed to any finished garment which are deemed to be due to excessive weight loss or gain, or due to inaccurate measurements provided by the Buyer.
5.7 If a Buyer who has not attended fittings is returning a garment for alteration then it is their responsibility to cover the postage costs involved both to and from the Seller.
6. PRICES
6.1 The Price shall be that contained in the Seller's Quotation or the order contract.
6.2 Should a product's price change between receipt of order and completion of the order the Buyer will be notified and given the opportunity to cancel the order and receive a full refund on any money paid.
6.3 All Prices quoted on the website are exclusive of packing, postage and Carriage which shall be paid in addition if applicable.
6.4 The Total payable for the order will be shown on the order contract and is inclusive of fabrics, consultations, fittings, labour, postage, packing and postal insurance (amount as selected by the Buyer)
6.5 The Prices quoted on the website are for the product exactly as pictured or indicated and do not include alterations to the design, additions or changes in fabric requested by the Buyer.
6.6 The price quoted on the order contract is for the products as detailed and previously discussed with the Buyer and does not include any further customization or changes to the style or fabric requested by the Buyer.
6.7 The Prices quoted on the order contract exclude possible customs charges incured in delivering goods.
6.8 The Prices quoted on the website and the order contract are in Pounds Sterling and payments must be be made in Pounds Sterling
6.9 If the Buyer is not ordering from within the United Kingdom then they should be aware that the conversion of the Sterling price to the Buyer's own currency can fluctuate and may change from the time of ordering to the time of deposit and balance payments, although the pounds Sterling price will remain the same as detailed in the order contract.
7. DEPOSITS
7.1 The Buyer is required to pay a deposit to confirm their order.
7.2 An Unconditional refund policy exists for a 7 day period from receipt of the deposit and after that time the deposit is non-refundable as is is used to cover expenses and loss of income in the event of cancellation as it is used to secure a slot of time for making the products which may have otherwise have been allocated to another customer.
7.3 The Deposit required is detailed on the order contract and is subtracted from the balance payable for the total order.
8. BALANCE PAYMENTS
8.1 The Final balance payment is to be made by or on the date specified on the order contract. This is the date the Seller will begin making the items ordered.
8.2 The Buyer must make balance payments on time in order for the order to be completed by the required date and for the seller to meet clause 14.1.
9. MAKING PAYMENTS
9.1 All Payments must be made in Pounds Sterling
9.2 Cheques should be made payable to ‘Rivendell Bridal’ and are only an accepted payment method from Buyers within the United Kingdom.
9.3 Buyers wishing to make payments using Credit or Debit Cards will be required to make the payment through PayPal via a payment request which will be sent by the Seller to the e-mail address provided by the Buyer when a deposit or balance payment is due.
9.4 – Direct Bank Transfers / International money Transfers are accepted from Buyers worldwide and can be made using details provided on the order contract.
10. CANCELLATION / POSPONING AN ORDER
10.1 If the Buyer wishes to cancel their order, they must do so in writing no later than 60 days before the Balance Payment Date specified on the order contract.
10.2 If the Buyer wishes to cancel the order within 60 days or less of the balance payment date, then as compensation for loss of income to the Seller, the following charges apply as a percentage of the total balance due:
30 days or less before balance payment date – 50%
31 – 60 days before balance payment date – 25%
10.3 The Buyer cannot cancel the order after the balance payment date and once work has commenced on the order.
10.4 If the Buyer needs to postpone the wedding, then, subject to the Sellers’s availability, the order can be amended to reflect the new required completion date and balance payment dates will be amended appropriately. In this case, prices chargeable for items shall be those current at this time.
10.5 The Seller has the right to cancel a Contract due to reasons beyond their control such as but not limited to death, injury or illness. In this unlikely event the Seller's liability shall be limited to a full refund of all monies paid. The Buyers Statutory rights are not affected.
10.6 The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly due to cancellation of Contract by the Seller.
11. RETURNS AND REFUNDS
11.1 Because all garments and products are made to order specifically and uniquely for the Buyer, we do not accept returns or give refunds because the product is no longer needed or because the Buyer changes their mind about the product or because the Buyer is not happy with their choice and the suitability of the product.
11.2 Refunds are not given to Buyers who have not attended fittings if their garment does not fit when they receive it, but the garment can be returned for alteration at the Buyers cost subject to time frame or taken to a local seamstress for alteration.
11.3 Products can be returned for repair or replacement at no extra cost to the Buyer if they are found to be faulty due to manufacturing defect or are not made to the specifications agreed by the Buyer in the contract, unless otherwise agreed.
11.4 Goods cannot be returned after they have been accepted by the Buyer, where inspection and collection in person or inspection upon delivery by the Buyer will be deemed as acceptance.
1.5 Goods cannot be returned due to manufacturing defect or variation to specification where, prior to acceptance, the defect has been pointed out by the Seller.
11.6 If the Buyer is returning goods which are faulty due to a manufacturing defect and they cannot be repaired or replaced in the time frame required then a full refund will be given.
11.7 If it is agreed that goods are to be returned the Buyer will be liable for the cost of remedying and damage to the goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packed by the Buyer or though the Buyer's fault.
11.8 If Goods are returned to the Seller under claim of manufacturing defect or failure to comply with the Contract then the Seller will assess the product(s) to identify that any fault is in fact the responsibility of the Seller.
11.9 Returns, refund or repair free of charge will not be offered to the Buyer where damage to Goods is caused directly or indirectly by the Buyer or though reasonable wear and tear.
12. WARRANTY AND LIABILITY
12.1 The Seller warrants that the Goods will at the time of delivery or collection correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, 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 Buyers purpose.
12.2 While every effort is made to ensure that the product specifications on the website are accurate and that pictures are of good quality, the Seller cannot guarantee the suitability of the product(s) for the Buyers purpose.
13. DESIGNER LICENCE
13.1 The Seller will endeavor to fulfil any special requests for customization/ adaptation to a product as requested by the Buyer. However some of these requests may not have been applied to products before. Therefore if the adaptations are not possible when attempted the Seller will contact the Buyer to discuss options.
13.2 The Seller reserves the right to reject any requests for alterations/adjustments to their designs which they feel may be unachievable or are not in keeping with their styles and design image or how they desire to be represented..
14. DELIVERY AND COMPLETION
14.1 The Seller guarantees to have all goods ordered complete for collection or delivered no later than 3 weeks before the wedding date unless otherwise agreed with the Buyer. If a specified delivery date cannot be met the Buyer will be given the option to agree a new delivery date or receive a full refund.
14.2 The Seller is unable to guarantee clause 14.1 if clauses 4.3 or 8.1 are breached by the Buyer, as to do this may cause delays which inable the Seller to complete the order within the agreed time frame.
14.3 Delivery of Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
14.4 The Buyer will be responsible for the payment of any customs and clearence charges. The delivery of goods and insurance to the final point at destination is covered and paid for by the postage and packing charge applied on the order contract. The Buyer assumes the import customs clearance and payment of customs duties and taxes.
15. FORCE MAJEURE
15.1 In the unlikely event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, Was, Strikes, Flood, Illness, Injury and Failure of third partied to delivery goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.
15.2 The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet a delivery date.
16. OWNERSHIP AND RISK
16.1 The risk in Goods shall pass to the Buyer upon delivery or collection of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
16.2 The Buyer shall inspect the goods immediately upon collection or receipt and shall notify the Seller within a reasonable time if the Goods are faulty or do not comply with any of the Contract. If the Buyer fails to so this they are deemed to have accepted the Goods.
16.3 Any goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and at the seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer is the Goods are in fact faulty due to manufacturing defect.
17. NO WAIVER
17.1 The Seller;s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
18. LIABILITY
18.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these 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 damage.
19.COMPLAINTS
19.1 If you have a complaint about our service or any goods you purchase from Rivendell Bridal then please contact us immediately. You will be contacted as soon as possible and definitely within 48 hours of our hearing from you and ail to provide a resolution within 5 working days.
19.2 All complaints will be dealt with in a friendly, fair and confidential manner.
20. MISC
20.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English Law.
20.2 If any part of these terms and conditions that is not fundamental is found to illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.
