Terms of Sale
CHERRYTOP WEDDINGS LTD
TERMS AND CONDITIONS OF SUPPLY OF WEDDING PACKAGES
These terms and conditions (these “terms”), together with our privacy policy, apply to the supply of a Wedding Package (as defined below) by us to you.
By purchasing a Wedding Package from us, you will be able to create personalised wedding entertainment for your wedding guests in accordance with these terms.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Wedding Package to you and other important information.
1. DEFINITIONS
1.1 The following definitions and rules of interpretation apply in these terms:
Booklet Builder: the content management system provided by us to you for the purpose of creating the Wedding Booklets.
Our Site: our website currently located at www.cherrytopweddings.com, together with such other websites which may be developed by us from time to time.
Wedding Booklets: the printed booklets produced by us for you which includes the guest booklets, the absent friends booklet and the children’s activity packs.
Wedding Package: the wedding package supplied by us to you which consists of the Wedding Booklets.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are CherryTop Weddings Ltd a company registered in England and Wales. Our company registration number is 12970322 and our registered office is 6 High Cross, Truro, Cornwall TR1 2AJ.
2.2 How to contact us. You can contact us by telephoning us at 01872 713344 or by writing to us by email at help@cherrytopweddings.com or by post at CherryTop Weddings, 6 High Cross, Truro, Cornwall TR1 2AJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order for a Wedding Package will take place when we email you to accept it (“Confirmation Email”), at which point a contract will come into existence between you and us (“Commencement Date”). Within 3 days of the Commencement Date, we will email you and provide you with access to the Booklet Builder which will allow you to create your personalised Wedding Booklets.
3.2 Your wedding date. Once you have placed your order, you will be asked to confirm the date of your wedding. You agree to notify us in writing if there is any change to the Wedding Date, after this.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Wedding Package. This might be because of unexpected limits on our resources or because we have identified an error in our price or description of the Wedding Package.
3.4 Your order number. We will assign an order number to your order and tell you what it is in the Confirmation Email. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR WEDDING PACKAGES
4.1 Wedding Booklets may vary slightly from their pictures. The images and graphics on Our Site 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 accurately reflects the colour of the Wedding Booklet provided in your Wedding Package.
4.2 Access to the Booklet Builder. We will provide you with access to the Booklet Builder in accordance with clause 11.2. We do not guarantee that the Booklet Builder shall be secure or free from bugs or viruses or available at all times or uninterrupted. We may suspend access to the Booklet Builder for business and maintenance purposes.
4.3 Providing accurate content. You are responsible for ensuring that any and all materials which you provide us to when using the Booklet Builder (“Your Content”) complies with our formatting requirements for images and written content as confirmed in the Booklet Builder from time to time.
5. CONTENT STANDARDS
5.1 The content standards set out at clause 5.3 and clause 5.4 (“Content Standards”) apply to any and all of Your Content.
5.2 The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of Your Content as well as to the whole. We will determine, in our absolute discretion, whether Your Content breaches the Content Standards.
5.3 You agree that Your Content shall:
(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions); and
(c) comply with the law applicable in England and Wales and in any country from which it is posted.
5.4 You agree that Your Content shall not:
(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) bully, insult, intimidate or humiliate;
(d) promote sexually explicit material or violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(h) promote any illegal content or activity;
(i) be in contempt of court;
(j) advocate, promote, incite any party to commit, or assist any unlawful or criminal act; or
(k) contain a statement which you know or believe, is likely to be understood as a direct or indirect encouragement or inducement to the commission, preparation or instigation of acts of terrorism.
5.5 If you fail to comply with the Content Standards, we may suspend the supply of the Wedding Package, remove Your Content, cancel the contract, initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Wedding Package you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Wedding Package, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (clause 11).
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes. We may change the Wedding Package:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
7.2 More significant changes. We may change Your Content included in the Wedding Package if it does not comply with the Content Standards. If we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for the Wedding Package.
8. APPROVAL PROCESS
8.1 You will have the right to preview and approve the Wedding Booklet created by you in the Booklet Builder before the Wedding Booklet is sent to the third party printers. You agree that once you have approved the final version of the Wedding Booklet and pressed the submit button, you will have no right to make any further changes to the Wedding Booklet.
9. PRICE AND PAYMENT
9.1 Where to find the price for the Wedding Package. The price of the Wedding Package (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Wedding Package advised to you is correct. However please see clause 9.4 for what happens if we discover an error in the price of the Wedding Package you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Wedding Package, we will adjust the rate of VAT that you pay, unless you have already paid for the Wedding Package in full before the change in the rate of VAT takes effect.
9.3 Discount Codes. If we have provided you with a discount code, you must apply it at the checkout before you submit your order. We cannot accept discount codes which are supplied to us after the contract is formed.
9.4 What happens if the price is wrong? It is always possible that, despite our best efforts, the Wedding Package we sell may be incorrectly priced. If the Wedding Package’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
9.5 When you must pay and how you must pay. We accept payment by PayPal and debit and credit card. There are two options for payment:
(a) Deposit: An initial payment of 10% of the order, followed by a second payment of 90% plus the shipping charge, at a date determined by the customer, no later than 14 days before the date of the wedding. Access to the Booklet Builder will only be given on receipt of the second payment.
(b) Full: Immediate full payment of the order value, including the shipping. The customer is given immediate access to the Booklet Builder.
10. DELIVERY
10.1 Delivery costs. The price of the Wedding Package does not include delivery. The cost of delivery will be as displayed to you during the order process.
10.2 When we will provide the Wedding Package. After you have approved the Wedding Booklet in accordance with clause 8.1, we will contact you and agree a delivery date. You agree that this will not be within 10 days of the date of the Confirmation Email, unless by prior agreement.
10.3 We are not responsible for delays outside our control. If our supply of the Wedding Package 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Wedding Package you have paid for but not received.
10.4 If you are not at home when the Wedding Package is delivered. If no one is available at your address to take delivery and the Wedding Package cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Wedding Package from a local depot.
10.5 If you do not re-arrange delivery. If you do not collect the Wedding Package from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 14.2 will apply.
10.6 When you become responsible for the goods. The Wedding Package will be your responsibility from the time we deliver the Wedding Package to the address you gave us.
10.7 When you own goods. You will own the Wedding Package once we have received payment in full.
10.8 What will happen if you do not provide the required information? We may need certain information from you so that we can supply the Wedding Package to you, for example, confirmation of your wedding date. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 14.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Wedding Package late or not supplying any part if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
10.9 Reasons we may suspend the supply of the Wedding Package to you. We may have to suspend the supply of a Wedding Package to:
(a) deal with technical problems or make minor technical changes;
(b) update the Wedding Package to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Wedding Package as requested by you or notified by us to you; or
(d) if you fail to comply with the Content Standards.
10.10 Your rights if we suspend the supply of Wedding Package. We will contact you in advance to tell you we will be suspending supply of the Wedding Package, unless the problem is urgent or an emergency. You may contact us to end the contract for a Wedding Package if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three months and we will refund any sums you have paid in advance for the Wedding Package in respect of the period after you end the contract.
10.11 We may also suspend supply of the Wedding Package if you do not pay. If you do not pay us for the Wedding Package when you are supposed to (see clause 9.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Wedding Package until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Wedding Package.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner, or licensee, of all intellectual property rights in Our Site, in the Booklet Builder and in the material published on those platforms. Those materials are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 We grant you a, non-exclusive, non-transferable licence to use:
(a) the Booklet Builder for the purpose of creating the Wedding Package;
(b) the Wedding Booklets in connection with your wedding.
11.3 You will retain ownership of the intellectual property rights in Your Content.
11.4 When you upload Your Content onto the Booklet Builder, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute and display Your Content for the purpose of creating the Wedding Booklets.
11.5 When using the Booklet Builder, you agree that you will not:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Booklet Builder in any form or media or by any means or attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Booklet Builder;
(b) access all or any part of the Booklet Builder in order to build a product or service which competes with the Booklet Builder;
(c) use the Booklet Builder to provide services to third parties;
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Booklet Builder available to any third party except the wedding guests or guests who are unable to attend the wedding, or
(e) attempt to obtain, or assist third parties in obtaining, access to the Booklet Builder, other than as provided under this clause 11.5; or
(f) introduce or permit the introduction of, any virus into our network and information systems.
12. YOUR RIGHTS TO END THE CONTRACT
12.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 15;
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
(c) in all other cases, see clause 12.6.
12.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clauses 12.2(a), 12.2(b), 12.2(c), 12.2(d) or 12.2(e) below the contract will end immediately and we will refund you in full for any part of the Wedding Package which has not been provided. The reasons are:
(a) we have told you about an upcoming change to the Wedding Package or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Wedding Package you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Wedding Package may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Wedding Package for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three months; or
(e) you have a legal right to end the contract because of something we have done wrong.
12.3 Our goodwill gesture. We offer a cancellation right as a gesture of goodwill. You may change your mind and cancel the contract up until the point when your Wedding Booklet has been submitted for production in accordance with clause 8.1. This cancellation right is more generous than your legal rights under the Consumer Contracts Regulations. This cancellation right does not affect your legal rights in relation to faulty or misdescribed Wedding Package.
12.4 When you don’t have the right to change your mind. If you are a consumer, for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You do not have a right to change your mind in respect of personalised products, including the personalised Wedding Package supplied in accordance with the contract. Please note that our cancellation right (see clause 12.3) will no longer apply when your Wedding Booklet has been submitted to us for checking and production in accordance with clause 8.1.
12.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 12.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, streamed or downloaded and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Wedding Package not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
13. HOW TO END THE CONTRACT WITH US
13.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 01872 713344 or email us at help@cherrytopweddings.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at CherryTop Weddings, 6 High Cross, Truro, Cornwall TR1 2AJ, including details of the Wedding Package you bought, when you ordered or received it and your name and address.
13.2 Returning the Wedding Package after ending the contract. If you end the contract for any reason after The Wedding Booklets have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at CherryTop Weddings, 6 High Cross, Truro, Cornwall TR1 2AJ or (if they are not suitable for posting) allow us to collect them from you.
13.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Wedding Package is faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the Wedding Package or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong, in all other circumstances you must pay the costs of return.
13.4 How we will refund you. We will refund you the price you paid for the Wedding Package including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.5 When your refund will be made. We will make any refunds due to you as soon as possible, no later than 14 days after the day on which we are informed about your decision to cancel the contract.
14. OUR RIGHTS TO END THE CONTRACT
14.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment 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 Wedding Package; or
(c) you do not comply with the Content Standards.
14.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for Wedding Package we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15. IF THERE IS A PROBLEM WITH THE WEDDING PACKAGE
15.1 How to tell us about problems. We are under a legal duty to supply Wedding Packages that are in conformity with the contract. If you have any questions or complaints about the Wedding Package, please contact us. You can telephone us at 01872 713344 or write to us at help@cherrytopweddings.com or CherryTop Weddings, 6 High Cross, Truro, Cornwall TR1 2AJ.
15.2 Your obligation to return rejected Wedding Package. If you wish to exercise your legal rights to reject Wedding Package you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Wedding Package including the right to receive Wedding Packages which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
16.3 We are not liable for business losses. We only supply the Wedding Package for domestic and private use. If you use the Wedding Package 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.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our privacy policy (www.cherrytopweddings.com/privacy/).
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of the contract illegal, the rest will continue in force. Each of the clauses 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.
18.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Wedding Package, we can still require you to make the payment at a later date.
18.6 Which laws apply to the contract. These terms are governed by English law and you can bring legal proceedings in respect of the Wedding Package in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Wedding Package in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Wedding Package in either the Northern Irish or the English courts.