Charlotte May Weddings – Terms and Conditions of Booking

Charlotte May Weddings Limited – meaning “We” “Us” ” Charlotte May Weddings” “CMW” Terms and Conditions “Terms” “T&Cs” “Web” meaning internet, World Wide Web

  1. These Terms

  1. What these terms cover. These are the terms and conditions on which we supply services to you.

  2. Why you should read them. Please read these terms carefully before you sign our contract. These terms tell you who we are, how we will provide services 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.

2. Information about us and how to contact us

  1. Who we are. We are Charlotte May Weddings Limited a company registered in England and Wales. Our company registration number is 11851541 and our registered office is at 9a Leicester Road, Blaby, Leicester, England, LE8 4GR.

  2. How to contact us. You can contact us by telephoning our customer service team at +44 (0) 7881 960807 or by writing to us at info@charlottemayweddings.co.uk and by post to 9a Leicester Road, Blaby, Leicester, England, LE8 4GR.

  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, social media or postal address you provided to us in your order.

3. Our contract with you

  1. Elements of our contract with you. Our contract with you is made up of the:

    (a)        Contract Details

    (d)        Terms of Services;

    (c)        Payment Schedule; and

    (d)        these Conditions.

  2. Commencement of our contract with you. The contract between us shall commence on the date when the Contract Details has been signed by both parties.

  3. Precedence. If there is any conflict or ambiguity between the terms of the documents listed in clause 3.6 within the elements of our contract with you, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.

4. Providing The services

  1. When we will provide the services. We will supply the services to you from the Services Start Date until either the services are completed or you end the contract as described in clause D.6 or we end the contract by written notice to you as described in clause 13.

  2. Your responsibilities. You shall:

    (a)        co-operate with us in all matters relating to the Services

    (b)        provide, in a timely manner, such information as we may require, and ensure that it is accurate and complete in all material respects;

    (c)        act in an appropriate manner and comply with all local laws, rules or customs (including any rules imposed by the wedding venue) and procure that the guests of your wedding do the same; and

    (d)        promptly inform us of any circumstances that may materially affect our performance of the Services.

  3. We are not responsible for delays outside our control. We shall not be in breach of this contract nor liable for delay in performing, or failure to perform, any of our obligations under this contract if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

  4. What will happen if you do not give required information to us. If our performance of our obligations under the Contract is prevented or delayed by any act or omission by you, we shall:

    (a)        not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay;

    (b)        be entitled to payment of the Charges despite any such prevention or delay; and

    (c)        be entitled to recover any additional costs, charges or losses we sustain or incur that arise directly or indirectly from such prevention or delay.

  5. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:

    (a)        deal with technical problems or make minor technical changes;

    (b)        update the service to reflect changes in relevant laws and regulatory requirements;

    (c)        make changes to the service as requested by you or notified by us to you (see clause 10).

  6. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 5.3) and you still do not make payment within 28 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 5.4).

5. Fees and payment

  1. Where to find the price for the service. The price of the Services (which excludes VAT) is set out in the Payment Schedule.

  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 service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.

  3. When you must pay and how you must pay. We accept payment by electronic bank transfer or any other method we may accept from time to time. However, please note that under no circumstances shall we accept payment using an American Express credit card. . When you must pay is set out in the Payment Schedule.

  4. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

6. intellectual property

  1. Ownership of IPR. We and our licensors shall retain ownership of all Intellectual Property Rights in the Deliverables.

  2. Limited licence of our IPR. We grant you a fully paid-up, worldwide, non-exclusive, royalty-free, licence to copy and modify the Intellectual Property Rights subsisting in the Deliverables for the purpose of receiving the Services.

7. third party suppliers

  1. Negotiations. You hereby authorise us to act as your agent to negotiate the supply of Third Party Services on your behalf

  2. We shall not be liable for any contractual arrangements you enter into with a third party. We are not liable for any loss or damage whatsoever suffered by you as a result of your decision to enter into any dealings or transactions with (contractual or otherwise) a third party, whether or not they were recommended by us as a result of our negotiations with them.

  3. PLEASE READ THIS CLAUSE CAREFULLY – INDMENITY. As part of our Service, we may assist you in facilitating payments you must make to a third-party supplier PROVIDED THAT the third-party supplier has been introduced to you by us (or we have negotiated the supply of their services on your behalf in accordance with clause 7.1) and we have agreed to do so.  Where we make a payment to a third-party supplier on your behalf we shall be acting as your agent. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any claim made against us by a Third Party Supplier arising out of or in connection with the provision of services or goods by that Third Party Supplier to you, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the agreement (whether in writing or otherwise) with a Third Party Supplier by you.

8. Wedding timeline

  1. Agreeing the Timeline. As described in the Services, we shall prepare and submit for your approval a Wedding Timeline detailing the timing of various events on your wedding day, including but not limited to, travel time to and from the venue, pre-wedding meetings with us, the ceremony and reception. We shall provide you with a final copy of your Wedding Timeline at or before the prewedding meeting whereupon you shall either approve it as drawn or provide us with proposed amendments. However, where you fail to either approve or propose amendments within 24 hours of Us providing the Wedding Timeline to you, your continued instructions to us to proceed with the Services shall constitute your acceptance of the Wedding Timeline.

  2. Changes to the Wedding Timeline. Once the Wedding Timeline has been accepted, any changes may incur additional costs as set out in the Payment Schedule.

9. your rights to make changes

  1. Changes to the Services or the Contract Details. If you wish to make a change to the Services or the Contract Details (which includes for the avoidance of doubt, changing the number of guests attending your wedding as specified in the Contract Details), please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

10. our rights to make changes

  1. We may change the service to reflect any changes required by, or to comply with any guidance or ruling published or enforced by, any authority or regulatory or governmental body (for example, the UK or Greek Governments or their respective tax authorities).

11. your rights to end the contract

  1. You can always end your contract with us. Your rights when you end the contract will depend on when you decide to end the contract:

    (a)        If you have just changed your mind about the service within the cooling-off period, see clause 11.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; or

    (b)        In all other cases, see clause 11.5.

  2. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

  3.  When you don’t have the right to change your mind. You do not have a right to change your mind once the Services have been completed, even if the cancellation period is still running.

  4. How long do I have to change my mind? Under the Consumer Contracts Regulations 2013, you have 14 days after the commencement date of the contract to change your mind. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

  5. Ending the contract where we are not at fault and there is no right to change your mind. Even if you do not have a right to change your mind (see clause 11.1), you can still end the contract before it is completed. Our contract is completed when we have finished providing the services and you have paid for them. If you want to end the contract before it is completed where you have no right to change your mind, just contact us to let us know. The contract will not end until 6 calendar months after the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the service until 3 August. We will only charge you for supplying the service up to 3 August and will refund any sums you have paid in advance for the supply of the service after 3 August.

12. How to end the contract with (including if you have changed your mind)

  1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

    (a)        Phone or email.  Fill in the Cancellation Form and email us at [ADDRESS];

    (b)        By post. Fill in the Cancellation Form and post it to us at the address on the form.

  2. How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.

  3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

  4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

13. our rights to end the contract

  1. We may end the contract if you break it. We may end the contract at any time by writing to you if:

    (a)        you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;

    (b)        you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;

    (c)        either of your financial positions deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and

    (d)        you or any guest has committed a crime or has become involved in any situation or activity (including use or other association with illegal or illicit drugs) which tends in our reasonable opinion to expose Us to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public in any territory in which we are rendering our Services, or reflects unfavourably on our reputation or product. Our decision on all matters arising under this clause shall be conclusive.

  2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

14. our responsibility for loss or damage suffered by you

  1. Our insurance. We have obtained insurance cover in respect of our own legal liability.

  2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

  3. Our liability is limited. Subject to clauses 14.2, 14.4 and 14.5, our total liability to you arising under or in connection with this contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise shall not exceed the total Charges paid by you to us.

  4. 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 or for breach of your legal rights in relation to the services.

  5. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services 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.

15. other important terms

  1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

  2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  3. 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.

  4. 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.

  5. All variations to this contract must be in writing. No variation of the Contract shall be effective unless it is in writing and signed by us and you.

  6. The Contract is the entire agreement between us. The Contract is the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You hereby acknowledge that by entering into the Contract you does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.

  7. 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 services, we can still require you to make the payment at a later date.

  8. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.

16. definitions and interpretation

  1. The following definitions and rules of interpretation shall apply to this Contract:

    Deliverables: all documents, products and materials developed by us or our agents, subcontractors and personnel as part of or in relation to the Services in any form, including without limitation the Wedding Tracker, Wedding Timeline and any reports and specifications (including drafts).

    Charges: the charges payable by you for the supply of the Services by us, as set out in Payment Schedule.

    Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

    Services: the services to be provided by us pursuant to the Contract, as described in the Services document;

    Services Start Date: the day on which we shall start provision of the Services, as set out in the Contract Details.

    Third Party Supplier: a third party who supplies either services or products in connection with the Services or the Wedding.

  2. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails