Terms & Conditions
1. These terms and conditions
1.1. What these terms cover. These are the terms and conditions on which we supply items to you, the customer. Please read these terms and conditions carefully before you ask us to process any order for you. These terms explain important information about how we supply our products to you, how you or we may change or end the contract, of which these terms form, what to do if there is a problem and other essential information.
2. Information about us and how to contact us
2.1. About us. Our company name is Beautiful Brides and Beyond Ltd. Ava May Bridal is our trading name. Our company number is 11841064. Our store address is Ava May Bridal, The Old Chapel, 225 Warwick Road, Solihull, B92 7AL.
2.3. How we may contact you. If we have to contact you we will do so by telephone, leaving you a voicemail or text message should you be unavailable to answer our call, or by writing to you at the email address or postal address you provided to us within your profile. It is essential you provide us with accurate contact information and inform us immediately if it changes.
3. Our contract with you
3.1. How we will accept your order. Our acceptance of your purchase and the beginning of your contract with us will take place when you have paid a deposit towards the products as explained to you during your appointment. You will be asked to sign this contract.
3.2. If we cannot accept your purchase. If we are unable to accept your purchase due to discovering either that the product is out of stock, has been discontinued without our prior knowledge, or that we have discovered a discrepancy with the price or description of the product, we will inform you of this immediately and will not charge you for the product and refund any deposit that has already been taken.
3.3. Your order reference. Your order reference will be the name in which the order was placed.
3.4. Deposits. Deposits are non-refundable unless we cannot accept or fulfil your order. The deposit cannot be transferred to another person or item.
4. Product descriptions and measurements
4.1. Products may vary very slightly from images. Images are for illustrative purposes only. An image on a website or computerised equipment may show the colour slightly differently than in ‘real life’. We have made every effort to ensure the accuracy of our images but there may be a slight variation that is beyond our control.
4.2. Making sure your measurements are accurate. Measurements taken during your booking for your order become binding to your order. We will accept no responsibility for any weight loss/gain or any other changes in your measurements and sizing (for example due to pregnancy). If you become aware of a change to your measurements, you must notify us immediately. We will confirm at that point whether it is possible to alter the dress and at what cost to you.
4.3. Additional costs. Orders placed for items that are outside of what is classed as ‘standard sizing’ may incur an extra charge. For example, extra length is chargeable by each designer and the price may vary. This will be discussed with you in your consultation.
4.4. Guidance offered to you. We will always do our best to offer you advice and guidance where wanted. This is done without any liability or bias.
5. Providing the products to you
5.1. Delivery costs. We currently do not pass on delivery charges to you if the items are delivered to store, except when a sample has been requested that we do not stock. Should you wish for an item to be shipped to you, you will be provided with a price at the time of the request, or in a reasonable amount of time if we need to check with the courier first. This will vary depending on the size and value of the item. We accept no liability for loss or damage in this instance.
5.2. When we will provide the products to you. Upon placing an order with us we will advise you of an approximate delivery period – this will be flexible as per the individual designers policy. For example, new dresses from current collections can take up to six months to deliver to us. We do however have exceptional relationships with our suppliers so can quite often get dresses delivered within a matter of days, should they have them in stock. Alterations can be done (at an additional cost by a third party as recommenced by us and in store where possible), within a matter of days if necessary.
5.3. We are not responsible for any delays that are outside of our control. If the delivery of your items are delayed by elements that are outside of our control, then we will notify you as soon as possible. For example, with the recent Coronovirus, some gowns have been delayed due to the closure of factories or postal services. We are not liable for delays caused by an event such as this. However, if there is a risk of us not being able to fulfil the contract by the date of your wedding, you may request a refund. This will be at the Managers discretion.
5.4. Collection. Collections must be booked in advance and you will be asked to sign for your items before being allowed to leave with them. All items must be paid for in full before the collection appointment. All sale items must be taken upon purchase.
5.5. If you do not collect. If products are not collected within the agreed time, you will be charged storage costs of £20 per month. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we will end the contract and all items will revert back to our ownership. All monies paid to us, will be non-refundable.
5.6. When you become responsible for the item purchased. From the moment you collect the item, it becomes your property and we accept no liability or responsibility for it.
5.7. When you own the products. You own the products once we have received payment in full. If you do not pay in full, you will not own the product and the contract will become void, transferring ownership of the item back to us and all monies paid will be lost to you.
5.8. We may also suspend or cancel supply of the products if you do not pay. You will receive a reminder to pay, up to three times. After all reasonable attempts have been made by us to obtain payment, and no payment has been made, the items will become our property again and you will lose your rights to ownership of them. You may also be charged interest on items that have a delayed payment on them.
6. Your rights to end the contract
6.1. Changing your mind. If there is a fault with an ordered item that was identified during your ‘quick try’ appointment that cannot be repaired, we may offer you an exchange or refund. This is extremely unlikely as by this point it will have been through strict check procedures. If you order from us online, over the telephone or from any location away from our shop premise you will be entitled to an exchange or refund, within 7 days of delivery of the products. No refunds or exchanges will be offered for ex-sample, sale, off the rack, made to measure or bespoke items. At the time of purchase of an ex-sample, sale, off the peg or bespoke, item, it is the customers responsibility to check the item completely. Once the customer is happy with the item and has signed the terms and conditions, they are not entitled to an exchange or refund of products purchased. The item must be taken away the
same day. This does not affect your statutory rights.
7. Our rights to end the contract with you, the customer
7.1. We may end the contract if you break any terms of it. We may end the contract at any time by writing to you if: (1) You do not make any payment to us when it is due; (2) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, i.e. a change of address etc; (3) you do not, within a reasonable time, collect the item or arrange for it to be delivered.
7.2. You must compensate us if you break the contract in any way. If we end the contract for any of the reasons set out in clause 7.1 we will not refund any monies that you have paid for the items.
8. If there is a problem
9. Price and payment
9.1. Where to find the price for the product. The price of the item will be written on your order. This is inclusive of VAT.
9.2. What happens if we got the price wrong? As humans, we may make the occasional mistake. If we have incorrectly priced an item, you will be charged the lower price.
9.3. When you must pay and how you must pay. Balances must be paid within 120 days of the initial payment, unless a payment plan has been created. All items must be paid for in full before being taken from the store. We accept payment by cash or credit/debit card and occasionally by direct transfer.
9.4. Storage will be charged at £20 per calendar month per full priced item from the time it arrives in store, if you choose to leave it with us.
9.5. Additional costs. Additional costs may incur if we are asked to conduct services outside of normal business hours or if a ‘rush’ order is placed. This will be discussed with you at the time of arranging.
9.6. We can charge interest if you pay late. Interest may be charged if you do not pay. This will be at a rate of 5% above national lending rate, per day.
9.7. What to do if you think an invoice is incorrect. You must contact us immediately or we will be unable to accept liability for mistakes made.
10. Our responsibility for loss or damage suffered by you
10.1. We do not exclude or limit in any way our liability to you where it would be unlawful. We take our liability seriously and expect you to do the same. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for breach of your legal rights in relation to the goods, including the right to receive goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us.
10.2. Liability during storage of products. In the unlikely event that customers paid for items are lost or damaged, due to fire, flood or theft, whilst on our premises we shall only be responsible for reimbursing the retail costs of such products that have been paid to us by you.
10.3. Third party services. We shall not be responsible for any services provided by a third party, whether or not such third party was recommended by us. This includes our in-house seamstress, bespoke work or items provided by external suppliers
11. How we may use your personal information
11.1. How we will use your personal information. We will only use the personal information that you gave to us: (1) to supply the products to you; (2) to process your payment for the products; (3) to inform you of any pertinent information in relation to your order
11.2. We will only give your personal information to other third parties where the law either requires or allows us to do so.
12. Other important terms
12.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation in the event that it becomes necessary – for example the sale of the business to a new owner.
12.2. You need our consent to transfer your rights to someone. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing and this is also at the Managers discretion.
12.3. No one else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates independently. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect, regardless of any judgement made on another section or paragraph.
12.5. Even if we delay in enforcing this contract, we can still enforce it at a later date. For example, if you miss a payment and we do not chase you immediately, we still have the right to do so. Likewise if you do not collect an item within the required time, and we do not contact you immediately, we still retain the right to set the rest of this contract into effect.
12.6. Alternative dispute resolution for you. In the very unlikely event that you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk or by telephone: 0203 540 8063. The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.