We intend to rely upon the terms set out below. We draw Your attention to clauses 8 and 9 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.
When a Present is ordered, WPC is acting as agent for the Guest. When Your Present is available and is purchased by a Guest, the contract will be between the third party supplier of the Present and Your Guest. WPC is not a party to the contractual relationship. 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”.
1.1 In these terms and conditions (“Terms”):
1.2 Clause headings shall be ignored in interpretation, 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 Agreement.
1.4 Variations to these Terms are effective only if signed in writing by an authorised representative of the parties and will then prevail over these Terms.
1.5 References to “writing” or “written” within these Terms include email.
1.6 References to clauses or provisions are to the same within these Terms.
2.1 You appoint WPC to administer Your List in accordance with these Terms (“the Agreement”). If You have any questions or queries relating to these Terms or our services please contact our offices on the contact details below under CONTACT US.
2.2 WPC may accept instructions in relation to Your List from either of You and by email at which point a contract will come into existence between you and us “the Agreement”;
2.3 WPC reserves the right to cancel the Agreement for any reason whatsoever prior to any Guests purchasing Presents.
2.4 You will not be charged any fee for the Agreement other than in relation to the circumstances set out in clauses 3.10 (storage for over nine months), 4.1 (delivery charge for Lists under £2,000 in total), 4.4 (aborted delivery charge), 4.6 (costs of Presents pre-ordered if no Guests purchase such Presents), 7 (cancellation fees) and 8.3 (wrongly returned Presents).
2.5 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 appoint 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 our dealings going forward).
3.1 The delivery time from our suppliers varies greatly between Presents, and some Presents (for example some china, linen and handmade gifts) can take up to six months, or, very occasionally longer to arrive at our warehouse. We will keep You informed as to such lead times but shall have no liability in relation to such delays which are outside our reasonable control. If there is a risk of substantial delay in excess of twelve months You may contact Us to end the Agreement and receive a refund for any Presents which have been paid for but which you have not received.
3.2 Occasionally our suppliers discontinue certain items; if this affects any Present on Your List We will notify You as soon as possible in order that You may choose alternatives.
3.3 If any of our suppliers increases the price of any Present on Your List which has not yet been bought We reserve the right to increase the price displayed on Your List on our Website automatically and will notify You of the same.
3.4 Presents purchased by Guests are immediately marked as unavailable for purchase; however there is a small chance that Guests may simultaneously purchase the same Present. In this event We will notify You as soon as possible in order for You to make an alternative choice.
3.5 We regret that We cannot accept return of any Presents duplicated in any circumstances other than set out in clause 3.4.
3.6 You will not receive any interest on monies held by us prior to Your Presents being ordered.
3.7 You should be aware that Guests have a statutory cancellation right for all purchases made from Your List which entitles them to a refund on a Present if the Present is returned to us within 14 days of delivery to You (unused and undamaged other than due to the fault of WPC). It is the sole responsibility of the Guest to arrange and pay any return costs and We accept no responsibility or liability for organising this with You or the Guest. This right to cancel does not apply to Presents which have been personalised for you, or computer software that has been opened.
3.8 We are unable to pay You any amounts You are in credit in cash (for example where You swap Presents and the present ordered is cheaper than the present bought). If, once all your Presents have been ordered by us, there is a credit balance remaining in Your account we shall notify You by email. You will then be able to choose an additional item or items up to the value of your credit balance. Any credit balance remaining in Your account shall remain valid for three (3) years from the date of Your wedding after which time the credit balance shall expire.
3.9 We will notify You of Presents bought from Your List by the method chosen by You on the Registration Form; We shall have no liability for any messages from Guests included in such notifications.
3.10 At Your initial meeting with WPC We will discuss with You the options in respect of ordering Your Presents. The options are a Fixed List or a Flexible List as follows (please note that you may choose a combination of the two options for Your Presents provided that this is made clear to Us in writing prior to Presents being bought by Your Guests):
3.10.1 Fixed List
WPC orders Your Presents as they are bought by Your Guests; if You choose this option in respect of any Presents the following shall apply:
(a) Your List will remain open for up to six weeks from Your Wedding Date after which We will contact You to arrange for delivery or storage (see clause 4 below) of Your Presents;
(b) You may elect for us to store Your Presents for up to nine months from Your Wedding Date free of charge; We reserve the right to charge You a storage fee in relation to any Presents stored with us after that period representing the charges incurred by us for such storage; for details of our current storage charges please email: email@example.com;
3.10.2 Flexible List
Your Presents which are bought by Guests will not be ordered by Us until You have confirmed in writing (including email) that We are to order Your Presents; if You choose this option in respect of any Presents the following will apply:
(a) delivery of Your Presents will be delayed until You have confirmed in writing that We are to order Your Presents;
(b) should You wish to attend our showroom in order to choose alternative Presents to those bought from Your List You may do so on Monday to Friday between 10am and 6pm (excluding Bank and public Holidays); in this regard We urge You to bear in mind Your Guests who will have taken time and effort in choosing a specific Present for You;
(c) Your List will remain open for six weeks from Your Wedding Date after which We reserve the right to order Your Presents as they have been purchased by Guests;
(d) You may elect for us to store Your Presents for up to nine months from Your Wedding Date free of charge but We reserve the right to charge an administration and storage fee in relation to any Presents ordered or stored after that period; such fees represent the charges incurred by us for such storage and continued administration of Your List; for details of our current storage and administration charges please email: firstname.lastname@example.org; and
(e) if the price of any Present has increased between purchase by Your Guests and WPC ordering the relevant Present We will notify You and give You the option either to order an alternative Present or pay us the increase in the price of such Present.
3.11 We will confirm Your List with You in writing and it is Your responsibility to check this and notify us in writing of any errors or changes You may wish to make within 14 days of receipt as once Presents have been bought by Guests they may not be exchanged or returned other than in accordance with these Terms.
4.1 Provided that the total Price of the Presents bought by Guests from Your List exceeds £2,000, delivery of Presents to one UK mainland address is free of charge. Otherwise delivery to a UK mainland address is charged at £25 per delivery. At Your request We will arrange delivery to any address outside the UK mainland and will charge You for such delivery costs as incurred by us.
4.2 Upon closure of Your List (six weeks after Your Wedding Date or earlier if You so wish) We will contact You in relation to delivery or storage of Your Presents. At this stage You may wish to purchase any Presents from Your List not purchased by Guests; We agree to give You a 10% discount on any Presents You buy from Your List (excluding those bought using gift vouchers or credit notes) up to six weeks from Your Wedding Date.
4.3 Any Presents You purchase from Your List will be purchased upon our standard Terms of Sale.
4.4 If We are unable to gain access to Your delivery address at the agreed times We reserve the right to charge a delivery charge of £25.00 and place Your Presents into storage (in which case the terms of clause 3.1.1(b) will apply).
4.5 If We are unable to deliver Your Presents at the agreed times We will let You know as soon as reasonably practicable and agree an alternative time. We shall have no liability for late delivery.
4.6 If You require delivery of any Present on Your List before Your Wedding Date We are pleased to order the relevant Present prior to a Guest purchasing it provided that:
4.6.1 You send an express written request to us asking that We do so; and
4.6.2 in such request You agree to pay for the relevant Present should no Guest purchase it from Your List.
Upon receipt of such request We will place an order for the relevant Present but We shall have no liability for any delay in delivery of the relevant Present or if it does not arrive in time for Your Wedding Date.
4.7 A Present will be Your responsibility from the time We deliver the Present to the address You gave Us or You collect it from Us.
5.1 If You have selected a Fund Your Guests will have the option to contribute to it through Your List;
5.2 You may not use credit, Gift Vouchers or discounts towards Funds.
6.1 Gift Vouchers are valid until the date shown
6.2 Gift Vouchers are only redeemable against Presents and cannot be exchanged for cash or used towards a Fund.
6.3 If You recommend a friend to WPC and that friend subsequently registers with WPC and You are confirmed as the recommender, You will receive a £50.00 Gift Voucher.
7.1 If You wish to cancel the Agreement You must notify us in writing at the address below under CONTACT US; the following administrative charges apply for cancellation of the Agreement or Your appointment to visit one of our showrooms:
7.1.1 if You cancel an appointment to visit one of our showrooms within twenty-four (24) hours of the appointment We will charge You £30.00;
7.1.2 if You cancel the Agreement and no Presents have been bought from Your List but You have registered Your List with us We will charge You £75.00;
7.1.3 if You cancel the Agreement and Presents have been bought from Your List We will charge You £75.00 plus 10% of the Price of the Presents bought prior to cancellation. Upon receipt of payment of this amount from You We will refund any monies received from Guests to those Guests and notify each Guest that they have been refunded.
8.1 You must notify us in writing of any Presents which are damaged or faulty within thirty (30) days of their delivery to You. Such notification must include details of the Present(s) and the alleged damage or fault. We shall not have liability for any damaged or faulty Presents which are notified to us after thirty (30) days from delivery of such Presents to You.
8.2 We will then liaise with You to arrange return of the Presents and assess how best to resolve the issue. We will normally either arrange for repair or replacement of damaged or faulty Presents 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 by way of credit note and You may then either choose an alternative Present of the same value or a Present of higher value provided that You pay Us the difference in the price.
8.3 These Terms will apply to any repaired or replacement Presents We supply to You.
8.4 If after collection of the Presents concerned it is deemed by the manufacturer that the Presents are not in fact faulty or damaged We reserve the right to charge £30.00 per Present incorrectly returned to us. This charge is to cover our transport and administration costs; there is no charge for Presents returned to us which are genuinely faulty or damaged when received by You.
9.1 Subject to clause 9.2, If either of us fails to comply with our obligations under these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except those losses that are reasonably foreseeable as a consequence of the failure to comply with these Terms.
9.2 Nothing in these Terms limits or excludes the liability of WPC for:
9.2.1 death or personal injury resulting from our negligence;
9.2.2 fraud or fraudulent misrepresentation; or
9.2.3 any other liability which may not be excluded by law.
9.3 Subject to 9.2, 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:
9.3.1 loss of income or revenue;
9.3.2 loss of business;
9.3.3 loss of anticipated savings;
9.3.4 loss of data;
9.3.6 loss of enjoyment; or
9.3.7 any waste of time.
9.4 Subject to 9.2, WPC shall not be liable for any damage caused by Your negligence (or that of a Guest) or as a result of any guide, manual or instructions not being followed by You.
10.2 You consent to our contacting You in relation to our services.
10.3 You warrant that all personal data and other information You provide to us is true and accurate.
11.1 By accessing our Website You agree to be legally bound by this section 9.
11.2 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.
11.3 When We have completed the Registration Form You will be given a unique ID and Password which are personal to You. By accepting the ID and Password You agree not to permit others to use it to access the Website or to make it available to other people. We reserve the right to refuse access to the Website if We consider that an ID is being used inappropriately or otherwise than in accordance with these Terms.
11.4 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.
11.5 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.
11.6 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 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.
11.7 The Website may be used only for lawful purposes and in a lawful manner.
11.8 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.
11.9 The images of Presents displayed on our Website or in our promotional materials are for guidance only and the Presents You receive may vary in colour or design. We cannot accept return of any Presents if they vary slightly from any such images.
11.10 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.
11.11 The contents of the Website are © The Wedding Present Co. 2010 or are the copyright of WPC’s licensors.
12.1 These Terms (together with the documents referred to in them) constitute the whole Agreement between the parties and supersede all previous agreements between the parties. 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.
12.2 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.
12.3 If any of the events in 12.2 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.
12.4 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.
12.5 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.
12.6 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.
12.7 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.
If You have any queries in relation to these Terms or any other matter, please contact us:
Email: email@example.comTelephone: 01488 662 100 (office hours are 9am to 5pm)
Fax: 01488 662 702
Post: James Dundas, The Wedding Present Co, 2b Tealgate, Charnham Park, Hungerford, Berkshire RG17 0YT
The Wedding Present Co is the trading name of Wedding Presents Direct Limited, a company registered in England and Wales. Our company registration number is 04531550 and our registered office is at Mitre House, North Park Road, Harrogate, North Yorkshire, HG1 5RX. Our registered VAT number is 639477785.