Bustle & Bow Ltd

Terms of Sales

Bustle and Bow Ltd – Terms and Conditions

These Terms and Conditions are the standard terms for the sale of goods by us, Bustle and Bow Ltd, a company incorporated in England and Wales under number 12452875, and whose registered office address is 2-4 Lower Kings Rd, Berkhamsted, HP4 2AE.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Client” means you, the individual Consumer placing an Order with us.

“Consumer” means a consumer as defined by the Consumer Rights Act 2015;

“Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2;

“Goods” means the wedding dresses which are to be supplied by us to you as specified in our Quotation where applicable and/or your Order;

“Order” means your acceptance of the Order Form and/or order for the Goods;

“Order Form”, means our quotation for providing the Goods, which remains open for acceptance for a period of 30 days and shall constitute our entire scope of works;

1.2 Unless the context otherwise requires, each reference in these Terms & Conditions to:

1.2.1 “we”, “us” and “our” is a reference to the Company and includes our employees and agents;

1.2.2 “you” and “your” is a reference to the Client and includes your employees and agents;

1.2.3 “writing” and “written” includes emails and similar communications;

1.2.4 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.5 “these Terms and Conditions” is a reference to these Terms & Conditions;

1.2.6 a clause is a reference to a clause of these Terms and Conditions;

1.2.7 a "Party" or the "Parties" refer to the parties to these Terms & Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.

1.4 No terms or conditions stipulated or referred to by the Client in any form whatsoever shall in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing.

1.5 Words imparting the singular number shall include the plural and vice versa.

2. The Contract

2.1 The placement of an Order after signing our Order Form, creates a legally binding Contract between you and us and includes the acceptance of these terms and conditions, which shall apply between us. Before placing your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

2.2 You are responsible for the accuracy of any information you submit to us in regards to colour, style or finish, the wedding dress chosen and we will take your measurements ensuring that the Order Form reflects your requirements. The Order Form is based on the information you provided to us at the bridal appointment. Should any errors or discrepancies become evident which affect the price, or should any changes be required after acceptance, we reserve the right to make adjustments to it.

3. Description and Specification of Goods

3.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature and on our website. Any samples, illustrations and photographs we may provide are used to demonstrate the quality and appearance of the materials to be used. We cannot guarantee that any materials supplied will conform precisely with the samples due to discrepancies that may arise during the manufacturing process and differences in the colour reproduction of electronic displays.

3.2 Exact colours and shades on fabrics and designs on trim, including lace can occasionally vary slightly due to the dye batch and therefore cannot always be guaranteed.

3.3 All Goods are bespoke and will be produced to your specifications and requirements unless otherwise agreed, therefore, please ensure that all information that you provide to us is correct, accurate and complete.

3.4 Due to the nature of the Order, many items are made by hand and so there may be slight variations from time to time.

3.5 At the bridal appointment we will take your specific measurements, and the Goods will be manufactured to this information based on the designers sizing guide. It is your responsibility to ensure that these are accurate and any amendments thereto shall be chargeable. We advise that regular measurements are taken to ensure the Goods are suitable and are fitted correctly.

3.6 We do not provide in-house alterations, these will be provided by a local seamstress, any alterations are separate to the Order and you can use your own seamstress if you prefer.

3.7 We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including, but not limited to, those described in these terms and conditions).

4. Orders

4.1 As all Goods are bespoke, Orders cannot be cancelled by you under any circumstances once you have signed the Order Form. In the event of cancellation, any Goods not paid for will be invoiced and payable in accordance with clause 5.

4.2 We will only accept changes to Orders if we are reasonably able to accommodate your request without additional work. If your Order is changed, we will inform you of any change to the price in writing.

4.3 We may cancel your Order at any time before we despatch the Goods in the following circumstances:

4.3.1 If any materials used for the Goods are no longer in stock and we are unable to re-stock (if, for example, the materials are discontinued); or

4.3.2 If an event outside of our control continues for more than 60 days (please see clause 10 for events outside of our control).

4.4 If we cancel your Order and you have already paid for the Goods, the payment will be refunded to you within 14 days. 

5. Price and Payment

5.1 Our standard payment terms include a 60% non-refundable deposit as detailed in your Order Form, and the remaining balance due 8 weeks from payment of deposit. We may request full payment at the time of Order. All sample gowns and accessories/additions are payable in full at time of purchase.

5.2 We may agree staged payments for the Order, the Order Form will state the agreed stages. Any delay may prompt full payment before the Order proceeds.

5.3 The price of the Goods will be as detailed on the Order Form. 

5.4 All prices are inclusive of VAT.

5.5 Our prices include the cost of delivery to Bustle and Bow Ltd. We will charge and additional fee for goods to be delivered elsewhere.

5.6 All invoices are payable within 7 days from the date of invoice, unless otherwise agreed. Payment shall be made on the due date even if that delivery has not yet taken place and/or that the property in the Goods has not yet passed to you.

5.7 The time for payment shall be of the essence of the Contract.

5.8 If you do not make payment to us by the due date, we reserve the right to charge all business clients interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

6. Collection

6.1 We will provide an estimated collection date for the Goods. Please note that such estimated dates may vary according to their availability, and circumstances beyond our control.

6.2 Delivery will be deemed to have taken place when the Goods have been collected, and you (or someone identified by you) have taken physical possession of the Goods.

6.3 The responsibility (or the “risk”) and the Goods remains with us until they have been collected, at which point it will pass to you. 

6.4 You own the Goods once we have received payment in full for them and once collection has taken place in accordance with clause 6.2.

6.5 We reserve the right to charge for storage if you fail to collect or take delivery of the Goods or any part of them on the agreed date. Ownership passes back to us should the Goods not be collected prior to the wedding date you have informed us of.

7. Returns

7.1 If the Goods are incorrect, caused by a mistake made by us in production or delivery, you have the right to reject them in exchange for a refund or a replacement. Goods which are incorrect as a result of incorrect information that you have supplied to us cannot be returned, as set out in sub-clause 3.5.

7.2 If your Goods are damaged or faulty, you have the right to reject them in exchange for a refund or replacement. If you wish to reject Goods to us under this clause 7.2, please do so as soon as reasonably possible after discovering the damage or fault, and in any event before collection. Removing the Goods from Bustle and Bow Ltd will be confirmation of acceptance. This clause 7.2 only applies to Goods that are damaged or faulty when you collect them. Faults or damage caused by normal wear and tear or improper treatment do not entitle you to return Goods under this clause 7.2. We may require you to prove that the Goods in question were faulty on receipt if you return them to us under this clause 7.2.

7.3 This clause does not apply if you purchased the Goods having been told by us of the particular damage or fault (if, for example, the Goods were sold as seconds).

8. Our Liability

8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We are not responsible for any loss or damage that is not foreseeable. 

8.2 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

8.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability with respect to your rights as a Consumer, where applicable, including your rights under the Consumer Rights Act 2015.

9. Events Outside of Our Control (Force Majeure)

9.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.

10. How We Use Your Personal Information (Data Protection)

10.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulations 2016 and your rights under that Act.

10.2 We may use your personal information to provide our Goods to you and to inform

you of collection dates for the Goods.

10.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.

11. Other Important Terms

11.1 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

11.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

11.3 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

12. Governing Law and Jurisdiction

12.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

12.2 Any dispute, controversy, proceedings or claim between us and you relating to these Terms and Conditions shall fall within the non-exclusive jurisdiction of the courts of England and Wales.