Terms and Conditions of Sale.

Terms and conditions of sale when purchasing any product from yourweddingpostbox.co.uk (part of WaveForm Enterprises). By making payment in full or in part for any product or service offered by yourweddingpostbox.co.uk you are accepting and agreeing to the following terns and conditions:-

1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the product or items that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Yourweddingpostbox.co.uk, part of WaveForm Enterprises of 36 Groveherst Road, Dartford, Kent DA1 5JD, UK;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 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.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 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.

3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall note the current stipulated waiting / lead time before placing any order and assess the option to wait until the Goods are available for dispatch from stock.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
3.4 Orders placed outside of the UK must be confirmed and accepted by the Seller before any such order is placed.

4 LIMITATIONS OF USE – AS PROTECTED BY DESIGN RIGHT LAW AND THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988
4.1 PRIVATE PURCHASES; The Buyer's use of any product purchased from the Seller is for the personal use, application and enjoyment only of the intended and shall not be rented or hired for gain or reward by any means as protected by the proprietory intellectual property rights of the product.
4.2 COMMERCIAL PURCHASES; It is not permitted for any product to be purchased from the Seller by any commercial concern or business including suppliers and venues without entering into a semi franchise/royalty contractual agreement with the Seller. The Seller reserves the right to refuse any sale by or not by semi franchise/royalty contractual agreement at any time and any such agreement must be agreed and in force before any such purchase is made.

5 PRICE AND PAYMENT
5.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is exclusive of VAT. The Price excludes delivery charges.
5.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
5.3 After the order is received the Seller shall confirm by email the details of the order.
5.4 Payment of the Price plus any delivery charges must be made in full before dispatch of the Goods.

6 RIGHTS OF SELLER
6.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
6.2 The Seller reserves the right to withdraw any goods from the Website at any time.
6.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

7 PROPRIETORY RIGHTS
The sale of the Goods hereunder to the Buyer shall in no way be deemed to confer upon the Buyer any right, interest or license in any patents or patent applications, copyrights, trade secrets or other intellectual property the Seller may have covering the Goods. Seller retains for itself all proprietary rights in and to all designs, engineering details, and other data and materials pertaining to any Goods supplied by the Seller and to all discoveries, inventions, patents and other proprietary rights arising out of the work done by Seller in connection with the Goods or with any and all Goods developed by Seller as a result thereof, including the sole right to manufacture, distribute and hire any and all such Goods.

8 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, 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.

9 DELIVERY
9.1 Goods supplied within the UK will normally be delivered within the currently specified lead time as specified on the Website prices page from the date of order. By making payment in full for any order of any product the customer is accepting the current specified lead time for orders unless expressly given clearance before such order is placed by the Seller. Such requests should be made prior to the placing of any order of any product and any specially arranged timing concessions will be subject to a period of expiry in which any such agreed order should be placed.
9.2 Goods can only be supplied outside the UK in specially pre-arranged circumstances and a lead time would be given along with other specific instructions for international orders.
9.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
9.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and 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 any estimated delivery date.
9.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
9.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9.7 The seller will accept no liability or responsibility for subsequent loss or damage of any purchased or hired product or any injury sustained resulting from inappropriate use or abuse of any such product.
9.8 The seller will accept no liability or responsibility for subsequent loss or damage to any items placed within any purchased or hired product and shall not be held liable or accountable for any loss or theft resulting from the use of any such product.

10 CANCELLATION AND RETURN
10.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by contacting here within 7 working days 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 or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
10.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by contacting here within 7 working days of receipt of the Goods in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
10.4 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
10.5 Goods to be returned must clearly show the order number / transaction number or invoice number obtained from the Seller on the package.
10.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

11 LIMITATION OF LIABILITY
11.1 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.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

12 WAIVER
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.

13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

14 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

15 CHANGES TO TERMS AND CONDITIONS
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.

16 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

 

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