Terms & Conditions
1.1. These Terms are the basis for the service offered to you (the "Couple" or the “Guest”, where applicable) by us ("Simply Wedding Gifts", "Simply", "us", "we", "our", "the Company") in the course of offering a wedding present gift list service or any other service as defined on our Website.
1.2. Your agreement to these terms shall be indicated by way of acceptance via our online application system during the initial registration process and by your ongoing use of our Website. You should read these Terms carefully before agreeing and retain a copy for future reference. If you require us to email a copy to you then this can be requested by sending a request to firstname.lastname@example.org
1.3. Where the Company has published a document which is referred to within these terms (such as a policy document), the content of the document shall also form part of this agreement and shall be deemed as being accepted by you. In the instance of any inconsistencies or contradictions between these Terms and a document referenced within, the meaning taken from the Terms shall prevail.
2.1. "Closing Date" refers to the date that your Gift List is closed and no further Gifts may be purchased by your Guests.
2.2. "Couple", "Couples", "Bride", "Groom" refers to you, the person or persons who have registered for this Gift List.
2.3. "Gift List" refers to the list of goods that you have selected to be displayed on our Website and is made available for purchase to your Wedding Guests.
2.4. "Gifts" refers to the individual goods that have been added to your Gift List that are pending purchase or have already been purchased.
2.5. "Simply Wedding Gifts" is a registered trading name of BPD Trading Limited, a limited liability company registered in England and Wales (registration number 9049484) with its registered address at Bank House, 7 St John’s Road, Harrow, Middlesex, HA1 2EY.
2.6. "Terms" refers to the terms and conditions that are set out in this document together with any other policies referred to herein.
2.7. "Website" refers to our company website which can be found at www.simplyweddinggifts.co.uk or any other website that Simply operates as part of its wedding gift list service.
2.8. "Wedding Guests" refers to a party that purchases an item from your list.
3.1. In this agreement the following rules of interpretation shall apply:-
3.1.1. clause and paragraph headings shall not affect the interpretation of this agreement;
3.1.2. a reference to a person shall include a reference to an individual, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person's personal representatives, successors, permitted assigns and permitted transferees;
3.1.3. unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
3.1.4. unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
4. Basis of Agreement and Appointment
4.1. You hereby appoint Simply Wedding Gifts to organise and maintain your Gift List. We will make available access through our Website so that you can compile, edit and monitor the progress of your Gift List.
4.2. You agree to be bound by these Terms in their entirety.
4.3. We can accept instructions from any party to this agreement either verbally, electronically or in writing.
5. Term and Termination
5.1. This agreement shall commence on the date you register your Gift List.
5.2. This agreement shall naturally end once all your Gifts have been delivered.
5.3. We reserve the right to cancel your Gift List at our absolute discretion and without notice prior to the point of any gifts being purchased.
5.4. This agreement can be terminated by you at any point. Provided that none of your gifts have been purchased by a Wedding Guests, you can cancel your Gift List without charge. If some gifts on your Gift List have been purchased and you wish to cancel, we will be unable to refund the cost of the existing purchases. Notice of termination must be provided by email to email@example.com.
6.1. We provide access to thousands of goods through many different supplier relationships.
6.2. If a good is discontinued by a supplier we will make reasonable efforts to update our website promptly. On some occasions it is possible that a good could be purchased by a Guest before we can update our website and in such cases we will offer you an alternative or credit to the value of the discontinued good.
6.3. If one of our suppliers increases the cost of a good which is on your Gift List that has not yet been purchased, we reserve the right to increase the price displayed on your list.
6.4. If one of our suppliers increases the cost of a good which is on your Gift List that has already been purchased by a Guest but has not yet been ordered by us, we will give you the option to pay the additional sum or alternatively you may choose a different good to the value of the original good.
6.5. On rare occasions it is possible that a Gift could be purchased simultaneously by separate Guests. In such an event we will notify you as soon as possible to make you aware of the duplication and allow you to choose an alternative good.
6.6. There is no cash alternative for any Gift purchased on your Gift List.
6.7. We shall have no liability for the content of any messages provided by the Guest which we communicate to you.
6.8. When your Guest purchases a good listed on our Website, we will order the good from our supplier network at our discretion between the point of purchase and the Closing Date of your list.
6.9. The photographs of Gifts and packaging on our Website are of reference purposes only and from time to time it is possible that colours and sizes may be slightly different from the item that is delivered to you.
6.10. All Gifts are quoted in British Pounds (£).
7.1 Vouchers are not redeemable as cash alternatives.
7.2 All Simply Wedding Gifts vouchers are redeemable against any product listed on the site or offered by a current supplier.
7.3 Any vouchers rewards or discounts offered will be added onto the account towards the end of the gift list process.
8. Returns & Damages
8.1. Once your Gifts have been purchased, we cannot accept returns or exchanges. This restriction does not affect the Statutory Rights of your Guests.
8.2. Upon delivery of your Gifts we strongly advise that you carefully check all items to ensure that there are no breakages, damage or missing items. If you identify any such discrepancies, it is important that you contact us within 7 days of delivery to arrange for a replacement. We will not be able to accommodate any items claimed after 7 days of delivery.
9. Thank You Cards
9.1. We provide a complimentary Thank You card printing service which is included in your Gift List. We offer this service free of charge to the Couple however the number of printed cards is limited to the number of Guests who purchase a Gift on your Gift List. If additional card printing is required please contact us for a quote.
9.2. The service is made available at our discretion and we reserve the right to amend or withdraw the service at any point.
10. Delivery & Storage
10.1. We will provide delivery of your Gifts free of charge if the amount of purchased items on your Gift List exceeds £3,000 in value. If the value of your gift list is less than £3,000, a delivery fee of £50 will apply and must be paid in advance of arranging the delivery date.
10.2. If there is nobody available at the delivery address to accept the delivery of your Gifts, we will charge a failed delivery fee of £25 for lists over £3,000 and where a list is below £3,000 delivery will need to be re-arranged at a further cost of £50 per delivery.
10.3. We will store your gifts for up to 90 days from the date of your wedding free of charge upon which you must accept delivery of all goods that have been received at our warehouse. Any additional goods that are either delayed beyond the 90 day period will be delivered separately.
11. Closing Date
11.1. It is necessary for us to determine a date that we can consider your Gift List as being closed. We will automatically close your Gift List thirty (30) days from the date of your wedding. If you would like to close your Gift List earlier or later please contact us.
12.2. You also further acknowledge that we may amend and update this policy from time to time without notice.
13.1. These Terms and any dispute arising out of or in connection with its subject matter shall be governed by and construed in accordance with the laws of England and Wales and the parties agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arising in connection with this agreement.
13.2. We shall be permitted to make amendments to these Terms from time to time and your agreement to any amended terms shall be indicated by your ongoing use of our Website.
13.3. You agree that the Company does have the right to assign its participation in this contract to any third party without notice.
13.4. Our rights and obligations under these Terms are personal to you ("the Couple") which means that you cannot assign them to another party without our explicit prior written consent.
13.5. We may record telephone communications made to and received from Wedding Guests and Couples for the purposes of security and training.
13.6. You understand that we will endeavour to be open on all Business Days however our offices and telephone lines will be closed on weekends and over UK public holidays. You further acknowledge that we will make reasonable efforts to ensure that the Website is available continuously however that there may be instances where access to the Website is restricted as a result of scheduled maintenance, technology failure or as a result of network failure.
13.7. If any section or element of these Terms is found to be unenforceable, in contradiction of to any UK or EU law, or illegal, such findings shall not affect the validity of the remainder of this agreement.
13.8. If the Company does not strictly apply its rights under these Terms as a specific time, it does not restrict the Company from applying them at any time in the future.
13.9. Any person who is not party to these Terms will not have any rights whether expressed or implied or in conjunction with the Contracts (Rights of Third Parties) Act 1999.
14. Intellectual Property Rights
14.1. All images, text, code, features and other IP displayed on our website will remain the Intellectual Property of Simply Wedding Gifts.
15.1. The Company considers a complaint as being defined as an expression of dissatisfaction made by any of its Customers in relation to any of the Services it provides. In the event of a customer making a complaint, the Company will make every effort to rectify the problem as soon as practicably possible.
15.2. Please write to us making clear the details surrounding your complaint. You can send your complaint by email to firstname.lastname@example.org or you can call us on 0800 433 2484.
16. Force Majeure Event
16.1. For the purposes of this clause Force Majeure Event shall be defined as "any circumstances outside our control including but not limited to any interruptions or failures relating to internet service providers, internet signal, connections, electricity providers, configurations of a Guest’s or Couple’s computer, any acts of god, flood, drought, earthquake or other natural disaster, any collapse of buildings, fire, explosion or accident, any act of terrorism, civil war or commotion, riots or any law or any action taken by a government or public authority, including without limitation imposing failing to grant a necessary licence or consent".
16.2. Simply Wedding Gifts shall not be in breach of this agreement nor liable for delay in performing or failure to perform any of its obligations under this agreement if such delay or failure results from a Force Majeure Event.
16.3. If the period of delay or non-performance continues for forty Business Days then either party may terminate this agreement by giving five Business Days written notice to the other party.
17. Right of set off
17.1. We have the right to immediately and without notice set off any liability or debt that is owed by you to us.
18.1. You agree to indemnify and hold harmless the Company, any of its employees, Directors, service providers, suppliers, and other agents or sub-contractors, against any fraud or illegal activity that you conduct using our Website.
18.2. You agree to indemnify and hold harmless the Company, any of its employees, Directors, service providers, suppliers, and other agents or sub-contractors (other than by reason of their gross negligence or wilful misconduct):
18.2.1. against any losses or liabilities incurred as a result of any inaccurate information that you have knowingly provided to us;
18.2.2. against any losses or liabilities incurred as a result of allowing any other person to access your Gift List either with your permission or as a result of your failure to keep your username and password private;
18.2.3. against any losses or liabilities incurred as a result of any service that you have offered, whether with our permission or without out, to another third party using our Website;
18.3. You agree to indemnify Simply Wedding Gifts against all liability, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable profession costs and expenses) suffered or incurred by us arising out of or in connection with:-
18.4. any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with your use of the Website;
19. Limitation of Liability
19.1. Without limitation, neither the Company, nor any directors, officers, employees, advisers, agents or suppliers of the Company accepts any liability whatsoever for any losses arising from the following circumstances:
19.1.1. Computer viruses, malware or errors received through the Website provided that the Company has made reasonable efforts to protect the Lender from such issues;
19.1.2. For any actions made by the Company under its rights gained from these Terms;
18.1.3. Unauthorised access of the Website by a third party using your username and passwords as a result of your failure to keep such credentials private and safe;
19.1.4. Access to the Website by a third party granted by you using your username and password
19.1.5. Damage to any Gift caused by either you or your guest as a result of negligence or failure to follow the correct manufacturers operating instructions;
19.1.6. Loss of income or disappointment;
19.1.7. Loss of data or information;
19.1.8. Loss of time or business.
19.2. Nothing in these Terms shall limit or exclude the Company’s liability for fraud, death or personal injury as a result of its negligence.