These Terms & conditions are valid for weddings taking place before 1st April 2017. If your wedding date is after that date, these Terms and Conditions apply.
These Terms will apply to any contract between us for the supply of the Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before registering to use the Services.
Please click on the button marked "I Accept" when registering your gift list with Prezola. If you refuse to accept these Terms, you will not be able to make use of the Services.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. If you register another gift list for another event please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 12th March 2014.
These Terms, and any Contract between us, are only in the English language.
1.1 We operate the website prezola.com. We are Prezola Limited, a company registered in England and Wales under company number 07630238 and with our registered office at Prezola House, Woodlands Industrial Estate, Eden Vale Road, Westbury, BA13 3QS. Our main trading address is Prezola House, Woodlands Industrial Estate, Eden Vale Road, Westbury, BA13 3QS. Our VAT number is 112400680.
1.2 To contact us, please see our Contact Us page.
2.1 The images of the products on our site (Gifts) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. The Gifts ordered by those to whom you make the list available (Guests) may vary slightly from those images.
2.2 The packaging of the Gifts may vary from that shown on images on our site.
2.3 All Gifts shown on our site and added to your gift list are subject to availability. In the event of a Gift becoming unavailable after purchase, your account will be credited with the equivalent cash amount and you will be contacted to choose an alternative Gift.
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
5.1 You may only purchase the Services if you are at least 18 years old.
5.2 The Service is available for non-commercial and domestic use only. We reserve the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns.
6.1 For the steps you need to take to create your gift list on our site, please see our Register Your Gift List page
6.2 After you have created your account you will receive an e-mail from us acknowledging that your account has been set up at which stage a contract will have been formed between you and us.
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
7.2 Every time you create a new account with us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8.1 You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want us to provide the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the acknowledgement email sent in accordance with clause 6.1, which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the acknowledgement email. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.3 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to email@example.com or by sending a letter to Prezola House, Woodlands Industrial Estate, Eden Vale Road, Westbury, BA13 3QS or contact our Customer Services telephone line on 0800 488 0082. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
8.4 You will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.3.
8.5 We refund you on the credit card or debit card used by you to pay.
8.6 Details of your legal right to cancel and an explanation of how to exercise it are provided in the acknowledgement email.
8.7 Once you have added your first Gift to your gift list, we make the Service available to you. You are not able to cancel your purchase of the Service after the Service is made available.
8.8 Your access to the Service may be terminated by written notice if you are in material breach of these terms and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these Terms affects our lawful operation of the Service or third party customers we may suspend your access to the Service at any time.
8.9 As a consumer, you will always have legal rights in relation to services that are unsatisfactory or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
9.1 The creation of your account is an offer to purchase Services from us. A contract for the provision of these Services will be formed once your payment has been authorised or, if you are making use of any of our free gift list services, when we send you an email acknowledging the creation of your account. There will be no contract of any kind between you and us until then. At any point up until then, we may decline to supply the Service to you without giving any reason.
9.2 The applicable fees for the Service (Service Fees) are payable when you create your account and are those set out here. The Company shall be under no obligation to provide a Service for which a fee is payable until such fee has been paid.
9.3 All prices are expressed inclusive of any VAT payable unless otherwise stated.
9.4 Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
10.1 The Service allows you to create a gift list which will be published online and which may be accessed by those Guests to whom you make available the appropriate access information to enable them to purchase Gifts.
10.2 Gifts may only be ordered by Guests while a gift list is active.
10.3 Any gift list you create will remain active until either the date which is 28 days from the date of your event (as specified when you created your account) (Event Date) or, where we have agreed a delivery date, 14 days prior to the delivery date (whichever is first to occur) (Closing Date).
10.4 You have elected to delay dispatch of Products until your elected Delivery Date. All gifts will be delivered directly to you at the delivery address given when registering your Gift List. Delivery will be made within 28 days of your elected Closing Date.
10.5 Ownership of Products passes directly to you upon completion of a Purchase by a guest, from which point The Company is storing these products on your behalf.
10.5 A gift list shall automatically activate when you create your account save that, where you create the list earlier than 120 days prior to your Event Date, the list shall not activate until 120 days prior to your Event Date.
10.6 The Company warrants that it has the right to provide the Service and will use all reasonable skill and care in making the Service available to you and in ensuring its availability. Because of the number of sources from which we obtain the content for the Service and because of the nature of the internet, errors and omissions do occur and we do not give any other warranties in respect of the Service.
10.7 The Company is continually seeking to improve the Service. The Company reserves the right, at its discretion, to make changes to any part of the Service provided that it does not materially reduce its content or functionality.
11.1 Subject to clause 11.7, where you have selected the Premier Service or Premier Plus Service, any Gifts which are ordered by your Guests will be delivered on the agreed delivery date which shall be within the period of 28 days from the Closing Date. We will contact you approximately 14 days prior to your Event Date to agree your delivery date. If we are unable to meet the agreed delivery date because of an event outside our control, we will contact you to agree a new delivery date.
11.2 Deliveries are made by insured courier service and are available from Monday to Friday, 9am to 12 noon. You will be provided with delivery tracking information and must be available to accept delivery of your gifts at the agreed time. Subsequent delivery attempts may incur an additional charge.
11.3 If you fail to take delivery of the Gifts or if you fail to give us adequate delivery instructions (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without limiting any other right or remedy which may be available to us, we may store the Gifts until actual delivery and charge you for the reasonable costs (including insurance) of storage.
11.4 Delivery will be completed when we deliver the Products to the address you gave us.
11.5 If no one is available at your address to take delivery, we will leave you a note that the Gifts have been returned to our premises, in which case, please contact us to rearrange delivery.
11.6 The Gifts will be your responsibility from the completion of delivery.
11.7 Any large items included in your gift list will be identified as such and will be delivered to you direct from the supplier(s) from whom we order them notwithstanding that you may have selected the Premier Service. Such supplier(s) will contact you direct to arrange separate delivery dates.
12.1 Unfortunately, we do not deliver to addresses outside the UK without prior arrangement.
13.1 The prices of the Gifts will be as quoted on our site and may change from time to time, but changes will not affect any order which has already been placed by a Guest where that Guest has been provided with a dispatch confirmation.
14.1 Where you choose a Service for which a fee is payable, you can only pay for the Service using a debit card or credit card. We accept the following cards: Visa Credit, Visa Debit, Mastercard, Maestro.
14.2 Where you choose our Premier Service and do not include cash contributions, there is no charge to you for the creation of your gift list.
14.3 Payment for the Services and all applicable delivery charges is in advance.
15.1 Some of your Gifts come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the relevant Gift.
15.2 A manufacturerâ's guarantee is in addition to your legal rights in relation to Gifts that are faulty or not as described. Please contact us if any of the Gifts are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
15.3 You are not entitled to return a Gift because you have changed your mind, this does not affect your statutory rights. You are not able to exchange a Gift which has been ordered for one which was not ordered.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to firstname.lastname@example.org by sending a letter to Prezola House, Woodlands Industrial Estate, Eden Vale Road, Westbury, BA13 3QS or please contact our Customer Services telephone line on 0800 488 0082. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
18.3 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Prezola House, Woodlands Industrial Estate, Eden Vale Road, Westbury, BA13 3QS or email@example.com. You can also contact us using our Customer Services telephone line 0800 488 0082.
18.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your registration.
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 Please note that these Terms are governed by English law. This means a Contract for the supply of services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 We will not file a copy of the Contract between us.