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Terms & Conditions of Sale
1. Definitions
1.1 "Buyer" means the individual or organisation who buys, or agrees to buy the goods from the seller.
1.2 "Contract" means the contract between the seller and the buyer for the sale and purchase of goods incorporating these terms and conditions.
1.3 "Goods" means the articles that the buyer agrees to buy from the seller.
1.4 "Seller" means Belles of the Ball, 5 Frosterley Gardens, Tunstall, Sunderland SR3 1PL.
1.5 "Terms and Conditions" means the terms and conditions of sale as 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.
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 Belles of the Ball will not be responsible for any alterations needed, and hold no responsibility to individual measurements changing.
3.2 Buyers must agree to the siz of dress ordered.
3.3 Belles of the Ball cannot be held responsible if a buyer orders a dress in a particular size with the intention of losing weight.
3.4 Colours and materials may vary slightly. Colours may vary as to settings on computers and monitors, it is therefore impossible to guarantee the exact colour.
3.5 Sizes may also differ between manufactures. Size and colour charts are provided as a guide only.
3.6 Individual designed dresses may vary from exact design therefore no guarantee will be given.
3.7 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.
3.8 In the unlikely event that the goods ordered by the buyer are not available from stock, the buyer shall be notified and given the option to either wait until the goods are available from stock, or cancel the order and receive a full refund within 30 days.
3.9 A minimum of 12 weeks is required to create a dress but in extreme circumstances this time may be reduced but will be subject to additional charges.
3.10 Buyers must note that short notice orders is at their own risk and that Belles of the Ball cannot accept responsibility for late delivery.
3.11 The sale of dresses at pre-arranged fashion shows is subject to parental consent.
4. Price and Payment
4.1 A non refundable 50% deposit is needed on ordering, under no circumstances can this be returned. The remaining 50% balance will be made on collection.
4.2 Website orders must be paid in full either through paypal on Belles of the Ball website or by cheque. The total purchase price, including VAT (if any) and delivery charges, will be displayed in the buyer's shopping basket prior to confirming the order.
4.3 Orders cannot be processed until payment has been received.
4.4 After the order is received, the seller shall confirm by email the details, description and price for the goods.
4.5 Payment of the price must be made in full before dispatch of the goods.
4.6 Minimum order value £5.00.
5. Rights of Seller
5.1 The seller reserves the right to adjust the price and specification of any item on the website at its discretion.
5.2 The seller reserves the right to withdraw any goods from the website at any time.
5.3 The seller shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
6. Warranty
6.1 If the products the seller delivers to you are not as ordered, or are damaged, defective or of incorrect quantity, the seller's liability shall be limited to replacing the damaged or defective products, or making good the shortfall in quantity or at the seller's option crediting the price and delivery charges of those products to the buyer. The seller shall not be liable to the buyer for failure to deliver products ordered by the buyer unless notified to the seller within 13 weeks of the date of order. The buyer?s liability shall be limited to delivering the products ordered or at the seller?s option, crediting the price and delivery charges of the non-delivered products to the buyer.
6.2 The seller shall not be liable for any direct, indirect, special or consequential loss or damage including loss of profit or any other form of compensation. Nothing in these terms and conditions shall be construed to limit the seller?s liability for death or personal injury caused by its negligence.
6.3 This does not affect your statutory rights.
7. Cancellation and Return
7.1 The buyer shall inspect the goods immediately upon receipt and shall notify the seller via 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.
7.2 Where a claim of defect or damage is made, the goods shall be returned by the buyer to the seller, along with written details of the defect or damage.
7.3 Goods must be returned by the buyer at the buyer?s expense and should be adequately insured during the return journey.
7.4 Goods can only be returned if faulty or damaged. Under no circumstances can goods be returned if the colour or style is not to the customers liking.
8. 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, lockouts, 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.
9. 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.
10. 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.
11. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.