1.1 Customer means the person who buys or agrees to buy the goods from the seller.
1.2 Conditions mean the general terms and conditions set out here and the special terms and conditions as specified on the customer order form.
1.4 Price means the price for the goods specified on the customer order form.
1.5 Seller means Believe Boutique.
- CONDITIONS APPLICABLE
2.1 Except in circumstances when the Customer enters into a credit sale agreement on the Sellers’ standard form, these conditions shall apply to all contracts for the sale of goods by the seller to the customer to the exclusion of all other terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar documents.
2.2 All Orders for Goods shall be deemed to be an offer by the Customer to purchase goods pursuant to these conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these conditions.
2.4 Any variations to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these conditions shall affect the statutory rights of any consumer.
3.1 The price shall be the price as written on the customer order form.
3.2 The Seller shall not be bound to deliver Goods until the Customer has paid for them.
3.3 Customer shall be deemed not to have made any payment unless and until any cheque issued by the Customer in respect of the price shall have cleared the Seller’s bank account. It shall be the responsibility of the Customer to ensure that the cheques are delivered to the Seller sufficiently in advance of the proposed collection date to ensure clearance is affected by that date. The Seller reserves the right to make an additional charge of £25.00 in the event that the cheque is dishonoured upon presentation.
3.4 Where payment plan options have been presented to the Customer, payments are due on or before the agreed schedule and all outstanding amounts cleared within 6 months of order or 6 weeks of delivery of Goods whichever is sooner.
3.5 Unless advised and noted on the customer order form, the Price excludes any and all costs in relation to alterations or fitting work.
- COLLECTION OF GOODS
4.1 The Seller shall not be obliged to deliver the Goods to the Customer other than at the Sellers’s premises unless otherwise agreed in writing. Where an estimated collection date is given by the Seller in advance of the wedding date, the Seller will use reasonable endeavours to ensure that the Goods are available for collection by the Customer on that date but the Seller shall be under no liability for any failure on the part of the Seller to make available the Goods for collection by that date.
4.2 The Seller shall notify the Customer (which notification may be either verbally or in writing) as soon as the Goods are ready for collection where upon the Customer shall attend the Sellers premises as soon as practicable thereafter (and in any event within 14 days) The Customer shall examine the Goods and thereupon either sign a Certificate of Satisfaction to the effect that the Goods are in proper condition and suitable for their purpose or notify the Seller of any genuine defects on the condition of the Goods whereupon the Seller shall be afforded reasonable opportunity to rectify such defect. In the absence of any notification of such defects at the point of collection, the Certificate of Satisfaction shall be conclusive as to the quality and fitness of the Goods.
- SIZING AND MEASUREMENTS
5.1 Dresses are standard sizes and it is likely that alterations will be required. Alterations are not included in the purchase price of any gown.
5.2 The Seller shall take bust, waist and hip measurements and order the nearest size to the Customer’s measurements. Customer’s measurements are taken at point of ordering and the dresses are ordered in accordance with those measurements. Sizes to be ordered are agreed with the Customer at time of ordering and changes in a Customer’s measurements and costs incurred as a result of those changes are the responsibility of the Customer.
5.3 The Seller will not be responsible for any change in the Customer’s body size and shape between order and delivery. The Seller will not accept liability if the gown does not fit or accept liability should the gown needs major alterations or otherwise due to weight loss or weight gain.
5.4 An alternative size will not be ordered unless the full cost of the dress is met by the Customer.
5.5 There can be no guarantee that a replacement dress will be available at short notice.
5.6 The Seller will not be responsible for disinclination after collection or for any damage caused to the Goods after collection, due to weight loss or weight gain.
- FABRICS AND TRIM
6.1 Exact colours, shades of fabrics and designs on trim including lace and beading cannot be guaranteed and may differ from the sample gown.
6.2 Fabric swatches may not be cut from the actual bolt of fabric used for the Customer order and variations may occur.
6.3 All beading may become loose or detached during the course of normal wear. This is not a fault and the Seller cannot accept responsibility for loss or damage in this event.
- FITTINGS AND ALTERATIONS
7.2 Unless otherwise agreed in writing, the Seller shall be under no obligation to undertake any fittings or alterations to the Goods or to undertake any dyeing of shoes on behalf of the Customer.
7.3 The Seller shall not be liable for faulty workmanship or damage caused to the Goods by fittings or alterations to the Goods, undertaken at the Customer’s request.
7.4 The Seller shall not be liable for missed or cancelled appointments for fittings or alterations and the Seller will not accept any liability for delays and inconvenience caused to the Customer by missed or cancelled appointments for fittings and alterations at the Seller’s premises or other premises.
7.5 Fittings and alterations to the Goods shall not be undertaken until collection and the Customer has signed the Certificate of Satisfaction and the Goods have been paid for in full.
- PROPERTY AND RISK IN GOODS
8.1 Property and risk in Goods shall pass on collection of the Goods to the Customer. Once the Goods have left the premises, the Seller cannot accept any responsibility for the Goods, for disinclination or for any damage caused to the Goods thereafter.
- ACCESSORIES AND SALE GOODS
9.1 Accessories and Sale Goods are sold as seen and no refunds will be given.
9.2 Discounts given on Sale Goods reflect the condition of the Goods and the Customer shall be responsible for examining the Goods and be satisfied of any faults or defects before purchase.
- HIRING OF ACCESSORIES OR CLOTHING
10.1 A deposit shall be payable to the Seller in respect of any accessories or clothing hired to the Customer for use with the Goods which deposit shall be refundable on the relevant items being returned to the Seller’s premises in good condition within 3 days of the wedding date specified on the customer order form.
11.1 The Customer may cancel the order within 14 days after acceptance of the order by the Seller and will forfeit any deposit paid up to 50%.
11.2 If the order is cancelled after 14 days and a deposit greater than 50% has been paid, then no deposit is refundable.
11.3 If the order is cancelled after 21 days the Customer agrees to pay the Seller the full purchase price.
- FORCE MAJEURE
12.1 Events outside Believe Boutique’s control, which is not reasonably foreseeable, shall be considered force majeure, meaning that Believe Boutique is released from Believe Boutique’s obligations to fulfil contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.
- GOODS REMAIN THE PROPERTY OF BELIEVE BOUTIQUE UNTIL PAID IN FULL