These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.weddingmart.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Clause 8;
means our acceptance and confirmation of your Order;
means the Goods sold by Us through Our Site;
means your order for Goods;
means Everest (UK) Ltd, a company registered in England under 08066896, whose registered address is WeddingMart, Unit 9 Brookvale Trading Estate, Moor Lane Birmingham B6 7AQ, United Kingdom.
2. Information About Us
2.1 Our Site, www.weddingmart.co.uk, is owned and operated by Everest (UK) Ltd, a limited company registered in England, whose registered address is Unit 9 Brookvale Trading Estate, Moor Lane Birmingham B6 7AQ, United Kingdom.
3. Access to and Use of Our Site
3.1. Access to Our Site is free of charge.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age. You acknowledge and accept that We may perform proof of age checks when You make an order for Goods. Please note that in proceeding to order Goods through the Site, You consent to these checks being carried out. If You do not consent to these checks being carried out, You should not order Goods through the Site.
5. Business Customers
These Terms and Conditions apply for all types of customers regardless of whether they are business or personal.
6. International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary;
7.1.3 Due to the nature of the Goods sold through Our Site, there may be a variance in the size, weight, of those Goods between the actual Goods and the description.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
7.3 Where appropriate, you may be required to select the required size, model, colour, and number, of the Goods that you are purchasing.
7.4 We neither represent nor warrant that Goods will be available. Stock indications are provided on Our Site, however such indications of availability may be incorrect due to not being updated at the time of physical count or the system has an error.
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
7.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
7.6.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 7 working days, We will treat your Order as cancelled and notify you of the same in writing.
7.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.8 All prices on Our Site are subject to VAT which will be added into your shopping cart when you do the check out on our website. If the VAT rate changes between your Order is placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7.9 Delivery charges are not included in the price of Goods on Our Site. Delivery options and related charges will be presented to you as part of the order process. You can see the available delivery options and calculate the delivery charges in the shopping cart.
8.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.
8.3 If We, for any reason, do not accept or cannot fulfil your Order, we will refund your payment within 7 working days back into your original mode of payment.
9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
9.2 We accept all major debit and credit cards on Our Site.
10. Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site will normally be delivered within the mode of delivery option you choose when placing the order (subject to delays caused by events outside of Our control, for which see Clause 15).
10.2 In the unlikely event that We fail to deliver the Goods within the agreed time frame, if any of the following apply you may cancel your Order immediately:
10.2.1 We have refused to deliver your Goods; or
10.2.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.2.3 You told Us when ordering the Goods that delivery within that time period was essential.
10.3 If you do not wish to cancel under sub-Clause 10.2 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.
10.4 You may cancel all or part of your Order under sub-Clauses 10.2 or 10.3 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods will be refunded to you within 7 working days. Please note that if any cancelled Goods are delivered to you, you must return them to Us before we process the refund.
10.5 Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.
10.6 The risk in the Goods shall remain with Us until they come into your physical possession.
10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 We generally take care to dispatch any Goods purchased on our website on time and as described, however You agree that any dates quoted for delivery of the Goods are approximate only and We shall not be liable for any delay in delivery of the Goods howsoever caused.
10.9 We do not accept any liability for the loss or damage, the failure to supply or the loss of events and revenue, or any other financial loss caused by late delivery. The delivery will be also subject to our standard delivery terms and conditions which can be found in our website.
11. Faulty, Damaged or Incorrect Goods
11.1 By law, We must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contractual information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
11.2 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the Goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. You have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
11.4 To return Goods to Us for any reason under this Clause 11, please visit the returns page on Our Site to complete a returns form OR email us [email protected] OR contact Us on 0333 444 0017 to process the return.
11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
11.6 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11.8 The above clauses do not affect your statutory rights as a consumer.
12. Returns and Cancellation
12.1 You have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete.
12.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
12.1.2 If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
12.1.3 If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling off period. Cancellation by email or by post is effective from the date on which you informed us. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1 Telephone: 0333 444 0017
12.2.2 Email: [email protected]
12.2.3 Post: WeddingMart, Unit 9 Brookvale Trading Estate, Moor Lane Birmingham B6 7AQ, United Kingdom.
12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.4.1 If the Goods are damaged in your possession and not in original condition as we have dispatched them.
12.4.2 If the Goods are mis-used.
12.5 Where you return Goods to Us for reasons other than such Goods being defective or faulty, We reserve the right to charge a fee in respect of restocking the said Goods.
12.6 You are required to ensure that any Goods being returned to Us are safely and securely packaged in the original packaging to ensure that they are returned undamaged and suitable for re-sale. We reserve the right to charge you for any Goods which We are unable to resell.
13. Force Majeure
13.1 We shall bear no liability to any buyer for any failure or delay in supply or delivery or for any damage or defect to the Goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including without limitation strikes, lockouts, acts of god and the like).
14.1 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which We exclude our liability) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
V3 04 02 2021