Fairytale Bride TERMS AND CONDITIONS. Please read these terms carefully before you place your order with us.
1.0 Information about us and how to contact us.
1.1 We are Fairytale Bride [Incorporating Fairytale Prom & Party], trading from our premises located at 41 London Road, Lexden, Colchester, Essex, CO39AJ. To contact us please write to us at the above address, telephone 01206 484121 or email [email protected] .
1.2 How we may contact you. We will contact you by telephone or by writing to you at the email address or postal address you provided to us in your order. It is your responsibility to notify us of any new or updated contact information.
1.3 When we use the words “writing” or “written” in these terms, this includes emails.
2.0 Our contract with you.
2.1 When the contract comes into existence. When you have signed this contract and you have made a full or part-payment equal to or greater than 10% of the purchase price of the products, a contract will come into existence between us.
2.2 If we cannot accept your order. If we are unable to fulfil your order, we will inform you of this, will not charge you for the product and refund any part-payment made. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline specified in your order.
2.3 Payments. Payments are non-refundable unless we cannot accept or fulfil your order. The payment cannot be transferred to another person or item.
3.0 Product descriptions and measurements.
3.1 Products may vary slightly from their pictures. The images of the products in a brochure, on our website, on our social media or in any other promotional materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in any brochure or on a sample swatch accurately reflects the colour of the products. Your product may vary slightly from those images/samples. Fairytale Bride brings to your attention the fact that all dresses are made from a combination of different fabrics and materials. As such, no guarantee can be made that minor imperfections will not appear on the garments. Likewise, through the process of adornment and embellishment, no two dresses are the same. Although every care is taken, Fairytale Bride shall not be liable for any claim arising from any dissimilarity or disparity in shade, tone or positioning of different fabrics or jewels.
3.2 Making sure your measurements are accurate. Dresses are MADE TO ORDER AND ARE NOT MADE TO MEASURE. Dresses are ordered in standard sizes but please be aware that dress sizes are different to that of regular high street sizes. Your dress is made specifically to your order size. Once measurements have been taken, we ask you to sign your order confirming that you agree to the sizes. If a bride defers being measured to a later date it will be the customer’s responsibility to ensure that such measurements are taken in good time for the products to be ordered and delivered in time. It is your responsibility to check these measurements and to indicate if you feel that these measurements are incorrect in any way. We accept no responsibility for dresses not fitting when collected, due to your increase or decrease in weight or any other reason beyond our control.
3.3 Additional charges? Orders for dresses which are not of a standard length and which require extra dress length and some curvy dresses may be subject to a surcharge which will be agreed before confirming your order. The finished measurement of a “extra length” dress can vary by +/-1 inch.
3.4 Bespoke. Any charges relating to bespoke changes requested will be added to your final balance.
3.5 Sample and Sale dresses. At the time of purchase of an ex-sample dress, we will advise of all known faults with the dress. However, it is your responsibility to inspect any sample dresses before purchase to ensure that you are happy with their condition as they are likely to have been subject to wear and tear. Sample dresses will have been tried on by other prospective customers and may have marks on them. Whilst we will make every endeavour to spot clean any visible marks on the outside of your dress, we cannot guarantee that all marks will be removed, we will not clean the inside and underside of the dress and it is your responsibility to have them cleaned prior to wear if required and any cleaning or alteration that your dress may need, you will be responsible for the costs involved.
4.0 Providing the products.
4.1 When we will provide the products. During the order process we will let you know when we expect to provide the products to you. Unless a fixed date for delivery has been agreed in writing, we will deliver the Products within a ‘reasonable amount of time’, taking account of the complexities of any alterations to be made to the Product and the location the Product is being sourced from. By way of guidance only, Products that are not in stock can take up to 9 months to arrive and can take longer during peak periods. On occasions if the product is in stock, it can therefore arrive within a matter of weeks.
4.2 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay such as allowing you to choose another dress, that we already have instore or another dress we believe won’t be affected by the same delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay in that we cannot fulfil the contract by the date of your wedding, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.0 Your rights to end the contract.
5.1 Changing your mind. Fairytale Bride shall not process your Order for 2 working days from the Order Date. Hence you have the right to cancel the contract. However, please be aware that in all cases,10% will be deducted to cover administration fees & other expenses. Notify Fairytale Bride in writing at any time up to the end of 2 working days after you place the Order. A working day is any day other than weekends and bank or other public holidays. Once you have notified Fairytale Bride that you are cancelling the contract in accordance with this condition, Fairytale Bride will refund or credit you within 30 days any sum that has been paid by you for the ordered dress minus the admin fee.
5.2 Should you wish to cancel the Order by notifying Fairytale Bride in writing after the expiry of 2 working days from the Order Date you are not entitled to a refund of any monies already paid. Orders will still have to be paid for in full within 4 weeks of the delivery date notification. Should you fail to make full payment within three months of us informing you that your dress has arrived, the Order will remain the property of Fairytale Bride to sell or dispose of the goods described in the Order. Unless there is a fault with them, which in the case of bespoke items cannot be repaired, you will not be entitled to an exchange or refund of products purchased and ordered from us ‘in-store’. If you order from us over the telephone or from any location away from our shop premise you will be entitled to an exchange or refund, within 14 days of delivery of the products except for in relation to:
(a) Ex-sample dresses. (b) Bespoke goods (including bridal dresses made to measure, made to order or tailored to fit); or (c) On Premise contracts. This does not affect your statutory rights.
6.0 Our rights to end the contract.
6.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) 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;
(c) you do not, within a reasonable time, allow us to deliver the products to you (if applicable) or collect them from us.
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1, we will not refund any payments you have paid for the Products. You will still be responsible for any outstanding balance on the order (including any loss of profit) in accordance with 8.4 below.
7.0 If there is a problem with the product.
7.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us by the methods in paragraph 1.1
8.0 Price and payment.
8.1 Where to find the price for the product. The price of the product will be set out on the order form. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 8.2 below for what happens if we discover an error in the price of the product you order.
8.2 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
8.3 When you must pay and how you must pay.
- a) Ordered dresses. On the Order Date you agree to pay a non-refundable minimum deposit amounting to 50% or more of the total price of the dress as set out in the Order. The remaining balance of the Price is due on the date you collect your dress. Unless otherwise agreed in writing by Fairytale Bride, your Order must be collected and paid for in full to Fairytale Bride within 4 weeks of Fairytale Bride notifying you that the Order is ready to collect. All payments are final and we do not offer refunds or exchanges or resell dresses on your behalf should you change your mind or for any other reason Collection and styling appointments are available Tuesday to Friday, 10am-5pm and it is the bride’s responsibility to ensure they can be free to attend during our opening hours. Please note that whilst we provide you with an estimated delivery time, on occasions dresses can arrive much earlier than expected. If this is the case, any balance is still due within 4 weeks of arrival.
- b) Sale/Sample dresses. It is our policy that sale/sample dresses are paid in full and taken away on the day of purchase unless a payment plan has been arranged.
Ownership. Ownership of the Order will pass to you once full payment is made and you will become responsible for all risk of loss of or damage to the Order. Any concerns or issues must be expressed within 7 days of collecting your order. No goods may be removed from the premises until full payment of the Order has been fulfilled. Fairytale Bride accepts debit and credit cards, cash and Bank transfers but does not accept payment by cheque.
8.4 Storage. If you fail to collect the Order, without prior permission from Fairytale Bride within the 4 weeks, a storage charge of £10.00 a week will be added to your invoice.
8.5 Additional costs. We shall charge additional costs where we are asked to provide products before the usual delivery time or where we are asked to work outside of normal business hours, in which case we will notify you in advance.
9.0 Alterations and Fittings.
9.1 Supply only. Once we have supplied you with your dress, we have fulfilled our contractual obligation to you. We do not provide an alteration or fitting service and the cost of any alterations is not included in the price of the product. We are happy to provide you with the contact details of an external alterations specialist upon request but cannot do this as a recommendation as we have no control over third party services. Fittings will need to commence at least 6 weeks before your wedding date. It is your responsibility to ensure that you have booked your first fitting with any external alterations specialist sufficiently in advance of your wedding.
10.1 Fairytale Bride shall not be deemed to be in breach of this contract as a result of acts beyond the reasonable control of Fairytale Bride including without limitation act of God, war, riot, civil commotion or terrorist attack, malicious damage, any national or international pandemic related occurrences, compliance with any law or governmental Order, accident, fire, flood or storm.
10.2 Fairytale Bride brings to your attention the fact that your Order is a particularly delicate item and extreme care should be afforded to it. Consequently, Fairytale Bride shall not be liable for any damage to the Order arising from fair wear and tear, wilful damage, accident, negligence by you or any third party or use otherwise than as recommended by Fairytale Bride or failure to follow Fairytale Bride’s instructions or any alteration or repair carried out without Fairytale Bride’s approval.
10.3 During storage. In the unlikely event that customers paid for products 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.
10.4 Third party services. We shall not be responsible for any services provided by a third party, whether or not such third party was deemed to be recommended by us.
10.5 Swatches. As defined in paragraph 3.1 whilst we can occasionally arrange for a fabric swatch to be supplied, we cannot guarantee that they will exactly match your dress for colour or fabric.
10.6 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.0 Other important terms.
12.1 We may transfer our rights and obligations under these terms to another organisation.
12.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Fairytale Bride may change these terms & conditions at any time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. These terms & conditions are effective from 1st May 2018 and were updated in December 2021.
By purchasing any product from us and/or signing your order, you acknowledge acceptance of our terms and conditions and that you agree to purchase from Fairytale Bride the items as specified. You authorise Fairytale Bride to place your order, have the correct finance in order and acknowledge that all garment sizes are correct.