Terms & Conditions
"Buyer" means the individual who buys or agrees to buy the Goods from the Seller;
"Contract" means the Contract between the Seller and the Buyer for the sale and purchase ofGoods incorporating these Terms and Conditions;
"Goods" means the items that the Buyer agrees to buy from the Seller;
"Seller" is Sophie Thompson, Trading as Bloom and Blush;
"Terms and Conditions" means the Terms and Conditions of sale set out in this agreement and
any special Terms and Conditions agreed in writing by the Seller;
"Website" is www.bloomandblushwedding.co.uk
1.1 Submitting the order documentation shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
1.2 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights.
1.3 These Terms and Conditions shall apply to all Contracts for the sale of Goods by the Seller to
the Buyer and shall prevail over any other documentation or communication from the Buyer.
1.4 Any variation to these Terms and Conditions (including any special Terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2) RIGHTS OF SELLER
2.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
2.2 The Seller shall not be liable for any variations in colour per print run/order due to the specialist printing processes and any variations in card colour. Every effort will be made to avoid or minimise this. Variations in colour (of print or card stock) will not be deemed a fault with the Goods and will not result in a refund. This also applies to variations in colour from Website to Goods and electronic proof to Goods. 2.3 As the Buyers stationery is printed to order, there may be slight variations in colour of print and card stock from that of the samples, all steps are to taken to avoid or minimise this. This is not classed as a defect and will not result in a refund.
3) COPYRIGHT AND CONFIDENTIALITY
3.1 Any unauthorised reproduction of the designs or products is strictly prohibited. The Seller takes any unauthorised copying or printing of the design work (including Website and logo) very seriously. Legal action will be taken in all cases.
3.2 Samples are for personal use only.
3.3 All designs (including Website and logo) are the copyright of the Seller Sophie Thompson T/A Bloom and Blush. All rights are reserved.
3.4 The Seller will not disclose any information the Buyer provides to any third parties. The Seller is aware of and will comply with the obligations under current data protection legislation in the UK and GDPR.
3.5 The Seller will ask for permission to use photographs and physical copies of the Buyer's personalised stationery items for our Website, marketing and wedding show exhibitions before use.
3.6 The Buyer is wholly responsible for gaining the copyright of any hymns/quotes/pictures used in any item, the Buyer will then give us the permission for them to be reproduced. Therefore, the Buyer will be responsible for any illegal reproduction undertaken due to incorrect licensing or breach of copyright laws.
4.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods in accordance with these Terms and Conditions, and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
4.2 All order deadlines are on the Website and it is the Buyer’s responsibility to order in good time.
4.3 There is a minimum order of 25 items (with the exception of the seating/table plan/table names
or numbers and folded menus.)
4.4 When making an order for samples through the Website, the technical steps the Buyer needs to take to complete the order process are clear.
4.5 If the Buyer fails to supply the Seller with the relevant payment or required information to produce the order, the Seller cannot be held liable for being unable to complete the Buyer’s order.
5) PRICE AND PAYMENT FOR SAMPLES
5.1 If free samples are available, 1 free sample will be sent per customer at the Sellers discretion.
5.2 The Seller will not send free samples if it is obvious the system is being abused, or that samples are not relevant at this time, for example if the wedding date is more than 2 years in advance.
5.3 If additional samples are purchased, payment must be made in full before dispatch of the Goods.
5.4 When the order is placed the Buyer hereby acknowledges and agrees to the Sellers Terms and Conditions.
5.5 Refunds for paid samples will only be issued (at the discretion of the Seller) for damaged items, when returned to Seller. Failure of delivery, will result in replacement item(s) being sent.
6) PRICE AND PAYMENT FOR ORDERS OTHER THAN SAMPLES
6.1 The price of the Goods shall be that stipulated on the Website and are nonnegotiable.
6.2 The price includes delivery charges where stated.
6.3 A 100% booking fee is required with the order. Payment of the price and delivery charges must be made in full before any printing can commence and the Goods dispatched. This applies to ALL orders.
7.1 The Buyer is solely responsible for checking and approving the final proof prior to printing, No liability lies with the Seller if the proofs were approved with any mistake apparent, no matter how the error occurred. The Seller will not begin printing until the final confirmation email, with payment, have been received.
7.2 If items need to be reprinted due to an error it will be treated as a new order and charged accordingly.
7.3 There are 3 revisions to the proof provided free of charge, further changes will be charged at £5.00 per proof issued.
7.4 In the very unlikely event an error is made solely by The Seller, and liability is accepted by The Seller, The Seller will replace or change said items free of charge. The Seller is not responsible for items ordered incorrectly.
7.5 Once the Buyer has approved the email proof and the items have been sent to print any further changes will be charged at the full retail cost of the items in question. If the files have not been sent to print but require re proofing and further approval there will be a nonnegotiable £15.00 administration charge.
8.1 The Seller warrants that the Goods will, at the time of dispatch correspond to the description given by the Seller.
8.2 All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
8.3 The Buyer, warrants that all details provided on the signed order form for the purpose of purchasing the Goods are correct, that the Buyer’s credit or debit card are the Buyer’s own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods.
9.1 Delivery relies on prompt receipt of all payments, signed forms and proofs. It is the Buyer’s responsibility to send/return these in good time.
9.2 The Seller aims to dispatch an order 20 working days from receipt of the final proof. The Consumer Rights Act states that legally there is a default delivery period of 30 days during which the Seller needs to deliver the goods to the Buyer unless the Buyer has been notified of a longer timescale. If the Goods are not delivered within this time, a full refund will be given.
9.3 No specific delivery date can be agreed unless in writing from the Seller.
9.4 The Seller shall use its reasonable endeavours to meet any (non default) date agreed for delivery.
In any event that delivery shall not be made by the agreed date the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third-party arising directly or indirectly out of any failure to meet said delivery date.
9.5 The Seller is not responsible for delayed delivery due to circumstances beyond our control such as postal strikes or postal errors. If the Seller is aware of a problem the Buyer will be contacted immediately.
9.6 Delivery of the Goods shall be made to the Buyer's address specified on the order form and the order confirmation email. The Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Once the first delivery attempt has been made, redelivery of the Goods is the responsibility of the Buyer. The seller is not liable for any costs incurred if the Buyer is not able to take delivery at the time any delivery attempts are made.
9.7 The Consumer Rights Act means the Seller is responsible for the condition of the goods until the goods are received by the Buyer, or by someone else you have nominated to receive them on their behalf. If the Goods arrived damaged, the Buyer is entitled to replacements only. These goods must be returned to the Seller, postage costs will be covered by the Seller.
10) CANCELLATION AND RETURN
10.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within 48 hours of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
10.2 Where a claim of defect is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to replacements or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
10.3 The order placed by the Buyer will be prepared and produced by the Seller based on the information written on the order form, it is solely the Buyer's responsibility to order correctly. No refunds or reprints will be made if items produced are not as required but are as ordered.
10.4 As the seller will commence work straight away the legal '14 day cooling off period' is waivered by the Buyer, unless the Buyer informs the Seller in writing to not start the work until after the 14 days. The Buyer still has the right to cancel, but the Buyer must pay for the value of the work that is provided up to the point of cancellation
10.5 By law and the 'Distance selling legislation' any item that hasn't been personalised, made to order or changed to fit the Buyers requirements, can be returned to the Seller within a 'cooling off' period of 7 days. The Buyer must inform the Seller in writing before sending the item back, the item must be returned to the Seller in the same condition as was received, postal costs are to be covered by the Buyer. The Seller will refund monies paid for the returned item. Complaints must be sent in writing to email@example.com or sent to the postal address as below. As each order is subject to these Terms and Conditions it is the responsibility of the Buyer to read these. 10.6 This paragraph informs the Buyer of the conditions of the 'distance selling legislation'.
11.1 The Seller makes every effort to ensure that the information given on the Website is accurate. However, the Seller will not be held liable for any errors or omissions. The Seller will, if deemed necessary, correct errors and omissions after becoming aware or being notified of these.
11.2 All drawings, images, descriptive matter and specifications of the Goods on the Website are for the sole purpose of giving an approximate description of the Goods.
11.3 The Seller may also change, suspend, or discontinue any aspect of the Website, restrict access to parts or all of the Website without notice or liability.
11.3 Any price increase will not affect any confirmed orders.
11.4 External links are provided for the Buyer’s convenience, however they are beyond the control of The Seller. When visiting external links featured on the Website the Buyer must refer to that external Website’s Terms and Conditions of use, The Seller holds no responsibility for any experiences or transactions the Buyer may have with these sites.
12) LIMITATION OF LIABILITY
12.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
13) FORCE MAJEURE
13.1 The Seller uses all reasonable endeavours to carry out their obligations within a reasonable period of time but will not be liable to the Buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
13.2 The Seller shall not be liable for any delay or failure to perform any of its obligations, or deemed to be in breach of this agreement, if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to 'acts of God', strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials, and the Seller shall be entitled to a reasonable extension of its obligations.
13.3 If the Seller is prevented from carrying out their obligations in the above circumstances, the Seller will notify the Buyer in writing. If the Seller is still prevented from carrying out their obligations 4 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way the Seller accepts no liability to compensate the Buyer for any loss or damage caused by failure to perform.
13.4 Except in respect of death or personal injury caused by our negligence, we will not be liable to the Buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of Goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
14.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.
15.1 The section titles used are for information only.
15.2 Each of the titled paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16) CHANGES TO TERMS AND CONDITIONS
16.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
17) GOVERNING LAW AND JURISDICTION
17.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Wales and England and the parties hereby submit to the exclusive jurisdiction of the Welsh and English courts.
DATA PROTECTION GPDR
Please note that the Buyer's personal details supplied on our forms or from the website will be held and/or computerised by Bloom and Blush for the purposes of processing and completing the Buyer's order only.
Enquiries which include personal data, which show legitimate interest will be held for a set time dependant on the enquiry. After this time the details will be removed.
The Buyer's/Enquirer personal details will be encrypted and safeguarded and will not be divulged to any other individuals or organisations for any other purposes.If these details need to be held past the completion of the order or enquiry, permissions will be sort and the details held as above.
Marketing materials will only be sent to Buyers/Enquirers who have opted in to receive said materials, either via the website email list or in person at wedding shows. Buyers will be made fully aware of what they are agreeing to receive.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Please read this policy carefully and check it periodically since it may change from time to time.