JTBC Website – Distance Selling Ts&Cs
Last updated January 26-01-2015
- Please read these terms and conditions carefully, as you will be expressly asked to agree these terms and conditions before you place an order through our website and they will form the basis of our contract with you.
- Throughout these terms of sale ‘we’ means Julia Tasker Bridal Couture (‘us’ and ‘our’ will also refer to Julia Tasker Bridal Couture) and ‘you’ means our customer or potential customer (‘your’ will also refer to our customer or potential customer).
- If you place an order online to purchase a product from our website we will send you an automated e-mail confirming receipt of your order. Your order represents an offer to us to purchase a product which is accepted by us when we confirm to you by a second e-mail that we are able to fulfil your order and you subsequently confirm to us that you wish to proceed.
- Any products on the same order that are not delivered to you do not form part of that contract.
- You warrant that you are legally capable of entering into binding contracts and that you are 18 years old or older.
- You warrant that the order you place is accurate and complete.
- You warrant that you will be able to accept delivery of the products.
Description of the Goods
- We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system.
- We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.
- Many of the products advertised on the website for online purchase will be sample wedding dresses. Sample wedding dresses will have been displayed, viewed and made available to be tried by customers visiting our premises and as such will not be of ‘as new’ quality.
- The website will include a grading against each sample dress offered for sale. The grading and an explanation of the grading will be as follows:
- (A) Premium – often like new, however will have been tried on in our boutique.
- (B) Excellent – some slight imperfections that may need a little attention. These dresses will have been tried on in our boutique.
- (C) Good – dress will have been extensively tried on and are likely to have signs of wear and possible marking in ‘high traffic’ areas such as the train, buttons or loops or zips, requiring some attention.
- The second e-mail that we send to you to confirm that we are able to fulfil your order will also include a specific description of the sample dress highlighting any specific marks or slight damage that we believe needs to be brought to your attention. You will be asked at this point to confirm that you accept the specific description of the sample dress and you will be asked to respond by an e-mail confirming whether or not you wish to proceed.
- The specific description that we provide in our order confirmation e-mail and your subsequent acceptance if you chose to proceed will form a key element of our contract with you.
- If on receipt of the specific sample dress description you chose not to proceed you will receive a full refund.
- The supply of goods from this website is subject to availability. Many of the products listed will be one-off products. It is therefore not always possible for us to inform you at the time you place your order whether the goods you want are still available for purchase.
- In the case of you placing an order where the product is no-longer available, we will inform you by e-mail and a full refund will be given.
Our Order Process
- The advertising of products on our website constitutes an invitation for you to make a contractual offer to purchase the product or products. No contract will come into force between you and us unless we accept your offer and you subsequently confirm that you wish to proceed.
- To enter into a contract to purchase a product or products from us, you will need to take the following steps:
- add the product or products you wish to purchase to your shopping basket and proceed to checkout;
- you must confirm your order and your acceptance of the delivery charge;
- you must consent to these terms of sale;
- you will be transferred to the PayPal website and PayPal will handle the payment;
- you will then be automatically returned to our website;
- we will then send you an initial automated acknowledgement of your order;
- when we have verified product availability and that we are able to fulfil your order we will send you a confirmation e-mail or we will confirm by e-mail that we are unable to meet your order. If we are unable to fulfil your order then a full refund will be given;
- where the order is for a sample wedding dress the confirmation e-mail will contain a specific description relating to the condition of the sample dress and the likely delivery date. Having received this additional description and likely delivery date, you will be asked to confirm by e-mail that you wish to proceed. On receipt of a confirmation to proceed from you, the contract will become binding;
- if you do not wish to proceed at this point you should complete the cancellation form that will be sent to you with our confirmation e-mail and return it to us within an e-mail that outlines your intention not to proceed;
- if on receipt of a specific sample dress description and likely delivery date you decide you do not wish to proceed and you confirm this by e-mail, then a full refund will be given.
- We will not file a copy of these terms of sale specifically in relation to your order. From time to time we may update the version of these terms on the website and so do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of these terms of sale for your records.
Prices and Payment
- Prices for products are quoted on our website and are inclusive of all value added taxes (where applicable). It is always possible that some of the prices on the website may be incorrect. We will verify the price as part of our sales procedure. The products correct price will be stated as part of the order confirmation process.
- In addition to the price of the product or products, you will have to pay a delivery charge which will be stated when you pay for the product.
- Payment must be made upon the submission of your order. We may cancel the contract or withhold the product or products if payment is not received from you in full in cleared funds.
- Prices for products are liable to change at any time, however changes will not affect contracts which have come into force.
Delivery Policy and Delivery Charges
- We will arrange for the products to be delivered to the delivery address provided by you in your order.
- Delivery will be made by Royal Mail though we reserve the right to use an alternative carrier
- Delivery will be made using Royal Mails standard delivery service and charges are as follows:
- Standard delivery £16.95 (£10.00) – (charge TBC)
- Other delivery options may be available but should be agreed by contacting the boutique directly
- Orders will ordinarily be despatched on the first working day following receipt of your e-mail confirming that you wish to proceed with your order. From time to time it may not be possible to despatch orders on the first working day following order confirmation. We therefore reserve the right to despatch your order on an alternative timescale which will be indicated to you within our order confirmation e-mail.
- Once despatched orders will normally arrive in 2-3 days
- We will reasonably endeavour to deliver products on or before the delivery date set out in our order confirmation, however we cannot guarantee delivery by the relevant date
- We do not take responsibility for late or non-delivery due to factors outside our control. This condition does not affect your statutory rights.
- Undelivered parcels, or the late delivery of parcels are the responsibility of the carrier
- All parcels will require a signature
- If you are unable to sign for your parcel, items sent by Royal Mail will be held at your local sorting office for x days – (TBC), after which time the parcel will be returned to Julia Tasker Bridal Couture. In the event that we use an alternative carrier, the carrier will inform you of the arrangements for re-delivery
- Where the carrier has been unable to deliver or obtain a signature and items are returned to us, any subsequent re-delivery costs will be at your expense and must be paid before re-delivery is attempted
- We reserve the right to send products in separate packages to achieve a faster delivery service
- We do not deliver outside of the UK
Ownership and risk
Ownership of the products will only pass to you after both of the following has occurred:
- Receipt by us of full payment of all sums due in respect of the products, including all delivery charges
- Delivery of the products
- The products will be at your risk from the time of delivery.
Cancellation and Returns
- You have the right to cancel a distance selling contract for a product or products with us at any time within 14 days from the day after the product or products are delivered.
- To cancel a contract in this way, you must provide us with a communication of your cancellation
- The following limitations to this cancellation right will apply:
- You will have no such right to cancel where the contract relates to the supply of goods made or modified to your specifications or are clearly personalised
- Any cancellation on this basis is dependent on you promptly returning the product or products to us and in the same condition in which you received them
- You must take reasonable care of the goods until we receive them back. We reserve the right to keep some of your money if you have reduced the value of the goods by handling them beyond what would normally be acceptable in a shop. This will include any damage in transit and you are therefore advised to ensure you are adequately covered when arranging return delivery with your chosen carrier (see 9.5. & 9.6. below)
- If you cancel the contract in this way and the product or products are returned to us in the same condition in which you received them, you will be fully refunded for the cost of the product or products. This refund will include the cost of delivery to you. You will be responsible for the cost of returning the product to us.
- We will process the return and the refund within 14 days of receiving the returned product or products, or within 14 days of receiving evidence from you that we are in receipt of the returned product or products
- It is your responsibility to ensure the goods are delivered back to us and you are therefore advised to use a delivery method that requires a signature on delivery to enable you to provide evidence that the returned goods have been delivered to us. We will not process a refund until we have received the returned product or products or are in receipt of evidence from you that the returned product or products have been delivered to us
- The contract of carriage for the return of goods to us will be a contract between you and your chosen carrier. Any failure by your chosen carrier to deliver the returned product or products to us will be for you to resolve with your carrier. You are therefore advised to ensure your chosen delivery service provides you with adequate protection should the parcel or parcels become damaged or lost in transit
- You will receive notification via e-mail of your refund. You can expect a refund in the same form of payment originally used for the purchase.
- Nothing within these terms of sale effects your statutory rights.
Limitations and exclusions of liability
Nothing in the terms of sale will:
- Limit or exclude the liability of a party for death or personal injury resulting from negligence;
- Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by the party;
- Limit or exclude the liability of a party under Section 12,13,14 or 15 of the Sale of Goods Act 1979 or Part 1 of the Consumer Protection Act 1987;
- Limit any liability of a party in any way that is not permitted under applicable law;
- Exclude any liability of a party that may not be excluded under applicable law.
- Any statutory rights that you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
- The limitations and exclusions of liability set out in this Section and elsewhere within these terms of sale (a) are subject to paragraph 10.1 and 10.2 above and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arsing in contract, in tort (including negligence) and for breach of statutory duty.
- We will not be liable to you for any losses arising out of any event or series of events beyond our reasonable control.
- We will not be responsible for any business loss (including loss of profits, revenue, contract, commercial opportunities, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss even if the loss was reasonably foreseeable to both you and us when you commenced using the website or when the contract for the sale of goods was formed.
- Alteration of Service or Amendments to the Conditions or Contract
- We reserve the right to make changes to our website, policies and these terms and conditions of Purchase at any time.
- You will be subject to the policies and terms of condition of Purchase in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Contracts under these terms of sale may only be varied by an instrument in writing and signed by both you and us.
- No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
- You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
- Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
- Subject to paragraphs 3.6., 10.1., 10.2., 12.2. and 12.3. above: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
Events beyond our reasonable control
We will not be responsible for any delay or failure to comply with our obligations under these conditions if the failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Governing Law and Jurisdiction
- These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
- If any of the provisions of these terms of sale is held to be unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
Our full trading name is Julia Tasker Bridal Couture.