Terms & Conditions
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"):
| "Goods" | means the Goods purchased by You |
| "Order" | means Your order for Goods |
| "Order Confirmation" | means Our written (including by email) acceptance of Your Order |
| "Price" | means the price of the Goods |
| "Website" | means the website www.weddingpresentsdirect.co.uk or www.interioroutfitters.co.uk or any other URL operated by WPD that may replace this |
| "WPD", "our", "we" or "Us" | means Wedding Presents Direct whose principal place of business is at Unit 2 Standen Manor Farm, Hungerford, Berkshire RG17 0RB |
| "You" | means the Purchaser agreeing to purchase Goods 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 Goods from Us.
These Terms and Your Order together set out the whole agreement between You and Us for the sale and purchase of the Goods.
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 Goods 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 Goods.
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 by providing Us with written notice (to either the postal or email
address set out below under CONTACT US) at any time up to and including the seventh day (not including Saturdays,
Sundays or Bank Holidays) after the date on which Your Order is delivered to You. The following shall apply in this respect:
2.7.1 You will be responsible for arranging and paying for collection and delivery of the Goods
(in the same condition as delivered) to our address below within thirty (30) days of Your written cancellation;
2.7.2 within thirty (30) days of such cancellation we shall reimburse You the Price using the method
of payment You used when placing the Order.
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 Goods 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. GOODS
3.1 We warrant that on delivery the Goods 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 Goods are fit for or for any reasonable purpose which You use the Goods;
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 Goods in the United Kingdom.
3.2 The warranties in these Terms are in addition to Your legal rights in relation to Goods 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 Goods arising from fair wear and tear, wilful
damage, accident, negligence by You or any third party, if You use the Goods in a way that we or the manufacturer
do not recommend, Your failure to follow the manufacturer’s instructions, or any alteration or repair You carry out
without our prior written approval.
3.4 We will take reasonable steps to pack the Goods properly and to ensure that You receive the Goods in good condition.
3.5 These Terms apply to any repaired or replacement Goods we supply to You in the unlikely event that the original
Goods are faulty or do not otherwise conform with these Terms.
3.6 You agree that You shall have title to the Goods upon payment in full for the Goods.
4. DELIVERY
4.1 You agree that we will deliver the Goods as soon as reasonably practicable after Your Order.
Please note that some of our manufacturers have lead times of up to six (6) months; we will confirm the expected
delivery time to You upon receipt of Your Order and wherever reasonably possible keep You informed regarding such lead times.
4.2 The Goods will be Your responsibility from the point of delivery at the delivery address on Your Order Form.
5. DAMAGED OR FAULTY GOODS AND RETURNS YOUR ATTENTION IS DRAWN TO THIS CLAUSE
5.1 In the unlikely event that the Goods do not conform with these Terms You must let Us know as soon as reasonably
practicable and in any event within seven (7) days of delivery of the Goods. We will then liaise with You to arrange
return of the Goods and assess how best to resolve the issue. We will normally either arrange for repair or replacement
of the Goods by the manufacturer. If a satisfactory resolution cannot be achieved by repair or replacement we will arrange
for a refund of the Price to You.
5.2 These Terms will apply to any repaired or replacement Goods we supply to You.
6. PRICE AND PAYMENT
6.1 The Prices of the Goods 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 Goods 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 but we will make an extra charge for postage and packaging of Your Goods to Your
stated delivery address. The postage and packaging charge will be confirmed to You upon submission of Your Order.
6.4 Payment for all Goods must be made as follows:
6.4.1 50% of the Price paid upon submission of Your Order; and
6.4.2 50% of the Price paid upon Our confirmation Goods are ready for despatch.
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 Goods to You.
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 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 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. WEBSITE
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 Goods displayed on our Website or in our promotional materials are for guidance only and the
Goods You purchase may vary slightly in colour or design. We cannot accept return of any Goods 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 &acopy; Wedding Presents Direct 2010 or are the copyright of WPD’s licensors.
9. AGE RESTRICTED PRODUCTS
9.1 The Goods may include products containing alcohol, offensive weapons, or age-restricted media (Books and DVDs for example).
Please note the following in this respect:
9.1.1 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;
9.1.2 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;
9.1.3 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;
9.1.4 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.
9.2 If You purchase Goods to which any of 9.1 applies You warrant that You have attained an age which legally entitles
You to buy and Us to sell the Goods. 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.
10. DATA PROTECTION
10.1 In order to provide our service we collect and record certain personal data relating to You (including Your name, address,
email address, telephone number and payment details). You hereby consent to such collation and storage of Your personal data
and we agree that we shall use such personal data only for the purposes of performance of our obligations under these Terms
and in accordance with our privacy policy.
10.2 You warrant that all personal data and other information You provide to us is true and accurate.
11. GENERAL
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.
CONTACT US
If You have any queries in relation to these Terms or any other matter, please contact Us:
Email: office@weddingpresentsdirect.co.uk
Telephone: 01488 662 100 (office hours are 9am to 5pm)
Fax: 01488 662 702
Post: James Dundas, Wedding Presents Direct, Unit 2 Standen Manor Farm, Hungerford, Berkshire RG17 0RB
Wedding Presents Direct principal office: Unit 2, Standen Manor Farm, Hungerford, Berkshire RG17 0RB