1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. Please pay particular attention to clause 3.4 and clauses 6, 7, 8 and 9.
2.Information about us and how to contact us
2.1 Who we are. We are Osh Gosh Gowns Ltd a company registered in England and Wales. Our company registration number is 07609294 and our registered office is 32 The Rookery, Scotter, Lincolnshire, DN21 3FB. Our registered VAT number is (INSERT VAT NUMBER)
2.2 How to contact us. You can contact us by telephoning us at 01724 844946 or by writing to us at email@example.com or Osh Gosh Gowns, 4 Dunstall Street, Scunthorpe, North Lincolnshire, DN15 6LD.
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/texts and/or other comparable forms of communication.
3.Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when i) you have paid an agreed deposit and ii) we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a legally binding contract will come into existence between you and us. These terms will apply to this contract.
3.2 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 product and refund any deposit taken. 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 you have specified in your original order.
3.3 Changes to an order. Once your order has been placed and our acceptance has been provided, we do not permit changes to gown designs.
3.4 Deposits. Deposits are non-refundable unless we cannot accept or fulfil your order. The deposit cannot be transferred to another person or item. This does not affect your statutory rights.
3.5 Cancellations. We do not offer refunds/cancellations once you have placed your order. In the event of a cancellation of the day or the customer being unable to attend, any monies paid thus far will be forfeited and non-refundable. Any items cancelled after an order has been placed will be subject to the full amount being immediately payable. We strongly recommend insurance is taken out for such unforeseen circumstances.
4.product descriptions and measurements
4.1 Products may vary slightly from their pictures. The images of the products in our brochure or on our website 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 our brochure or on a sample swatch accurately reflects the colour of the products. Your product may vary slightly from those images/samples.
4.2 Making sure your measurements are accurate. Once measurements and sizing have been taken for your order, we will not be held responsible for any weight loss/gain or any other changes in your measurements and sizing (for example due to pregnancy). If your measurements and sizing change it will be your responsibility to notify us, in which case we will confirm if we are able to make further alterations prior to delivery and what the estimated additional costs will be.
4.3 Timing. We will measure each person for each order and advise on the size to be ordered. If the bride or bridesmaids are not happy with the sizing they must inform us at the time of order. We will not be responsible for any sizing discrepancies after this time. If a bride or bridesmaid defer being measured to a later date it will be the customer’s responsibility to ensure that such measurements are taken for the products to be ordered and delivered in time.
4.4 Fittings. A fitting fee of £30 will be charged if you fail to attend the appointment without giving 24 hours prior notice or if the fitting needs to be rebooked for another reason, e.g. incorrect or no shoes/underwear.
4.5 Delayed measuring. In the event that the customer places an order but requires Osh Gosh Gowns to obtain final measurements at a later date, the full terms and conditions of this agreement still apply in the event of order cancellation, and any payments will not be refunded nor are they transferrable.
4.6 Additional costs. Orders for gowns, which are not of a standard length or measurement, may be subject to a surcharge, the amount of which may not be known at the point of order. The finished measurement of a “special length” dress can vary by 1” either way.
4.7 Alterations. Osh Gosh Gowns provides an optional fitting and alteration service to the bride at an additional cost. The service provides for reasonable alterations to be carried out so that the garment will fit properly. In circumstances where the bride has changed significantly in size from the time of her measurements are taken to the time of delivery, the garment as ordered may no longer be the correct size and may need major alterations to make it fit. It may not be possible to alter the garment and maintain the integrity of the original shape and design of the dress. In such a case we have no right to undertake such alterations. In the event that we do agree to undertake such works, this will be under the bride’s discretion and a waiver will need to be signed to show your understanding that the alterations may change the design and integrity of the garment. Osh Gosh Gowns accepts no liabilities for alterations made by independent third-parties chosen by you.
-Alterations start from the following price-
-Wedding Dresses- from £90
-Bridesmaid/Evening dresses- from £40
-Prom- from £40
-Mother of the Bride/Groom- from £40.
5.Providing the products
5.1 When we will provide the products. During the order process we will let you know an estimated time frame of when we will provide the products to you. Please be aware unless a fixed date for delivery has been agreed in writing, we will provide you with an estimated delivery date, taking account of the complexities of any alterations to be made to the product and the location the product is being sourced from. We will make every attempt to work within this delivery date, though we will keep you notified of any delays. By way of guidance only, Products that are not in stock typically can take up to 6 months to arrive and can take longer during peak periods. If a bride orders late, her dress may not arrive until a few days before the wedding.
5.2 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. 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 full refund for any products you have paid for but not received.
5.3 Collection by you. If you have asked to collect the products from our premises, we will book an appropriate appointment for you.
5.4 If you do not re-arrange collection. If you do not collect the products from us as arranged, we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and clause 7.2 will apply.
5.5 When you become responsible for the product. The product will be your responsibility from the time you collect it from us.
5.6 When you own the products. You own the products once we have received payment in full.
5.7 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 9.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
6.Your rights to end the contract
6.1 Changing your mind. 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 from us ‘in-store’. If you order from us online, 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. This strictly does not apply to:
(a) Ex-sample gowns, at time of purchasing an ex-sample gown, it is the retailer’s responsibility to list all known faults with the dress after inspection with the consumer. Once the consumer is happy with the gown, they are not entitled to an exchange or refund of products purchased. This does not affect your statutory rights; or
(b) Bespoke goods (including bridal gowns made to measure or tailored to fit)
(c) On Premise contracts
7.Our rights to end the contract
7.1 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:
you do not make any payment to us when it is due
you do not, within 14 days of us asking for it, provide us with information that is necessary for us to provide the products
you do not, within 14 days of us notifying you, collect the product from us
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will not refund any deposit you have paid for the products.
8.If there is a problem with the product
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us at 01724 844946 or write to us at Osh Gosh Gowns Ltd, 4 Dunstall Street, Scunthorpe, DN15 6LD or email firstname.lastname@example.org.
9.Price and payment
9.1 Where to find the price for the product. The price of the product (which includes VAT) 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 9.3 for what happens if we discover an error in the price of the product 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 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.
9.4 When you must pay and how you must pay. Payments for wedding dresses are to be made as follows:
-£350-£500 - Initial payment and contract agreement/signing
-No item will be ordered until a minimum of 50% of the cost of the item is paid for
-Sale dresses – Immediate payment in full (storage charge applies if not taken on the day)
-Off the peg dresses – Immediate payment in full (storage charge applies if not taken on the day)
-Outstanding Balance - due on arrival of all items
9.5 Storage costs. We will store each dress free of charge for up to 24 hours before the customers wedding date (as advised on the order form). After this date a charge of £1 per calendar day will apply. Goods not collected within 6 months of the function date or 3 months of being left for cleaning purposes will result in the customer automatically losing ownership of such items.
9.6 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.
10.Our responsibility for loss or damage suffered by you
10.1 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 goods, including the right to receive goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us.
10.2 Liability during storage of products. 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.
10.3 Third party services. We shall not be responsible for any services provided by a third party, whether or not such third party was recommended by us.
10.4 Shoes. Shoes and undergarments intended to be worn on the function date must be worn when fittings/measurements are taken otherwise garments are not guaranteed to fit correctly and a premium may be charged to rectify the situation.
10.5 Under garments. Osh Gosh Gowns are not responsible for any issue relating to unsuitable underwear being worn which may affect the structure of the dress.
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.
11.How we may use your personal information
11.1 How we will use your personal information. We will use the personal information you provide us:
(a)to supply the products to you;
(b)to process your payment for the products; and
(c)if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
12.Other important terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will inform you of this beforehand and ask you if you consent to this. If you withdraw your consent, you will be entitled to terminate the agreement.
12.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 If a court finds part of this contract illegal, the rest will continue in force. 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.
12.4 Even if we delay in enforcing this 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 this 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 products, we can still require you to make the payment later.
12.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law under UK jurisdiction.
12.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to RetailADR via their website at www.retailadr.org.uk. RetailADR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Should you have any queries please contact us:
Telephone: 01724 844946
Address: 4 Dunstall Street, Scunthorpe, North Lincolnshire, DN15 6LD
Osh Gosh Gowns is a limited company with company registration number 07609294
*Terms and conditions may be changed from time to timeweekdays