Welcome to Mission Tie the Knot!
LAST UPDATED February 2018
This page tells you information about us and the terms and conditions in this legal agreement (Terms) which apply between you (the Customer or you) and Mission Tie the Knot Limited (MTTK or us). Please read these Terms carefully and make sure that you understand them, before purchasing any Products from our site. These terms tell you who we are, how we will provide Products to you, how you and we may change or end our agreement with you, what to do if there is a problem and other important information. If you do not agree with these Terms you should not use our site to purchase any Products.
MTTK amends these Terms from time to time as set out in clause 11. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply to that particular order.
1. INFORMATION ABOUT US
1.1 MTTK operates the website www.missiontietheknot.com and www.missiontietheknot.co.uk (MTTK Website). We are Mission Tie the Knot Limited, a company registered in England and Wales under company number 09526598 and with our registered office at 78 York Street, London W1H 1DP.
1.2 You can contact us by telephoning us at 0208 123 3554 or by writing to us at email@example.com. 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 provide to us in your Order.
2.1 The following definitions apply in the Terms
|Buseinss Day||a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.|
|Buyer/Seller Communication System||An electronic communication system between Sellers and Customers that is operated, managed and monitored by MTTK.|
|Dispatch Confirmation||An email confirmation sent by MTTK informing that the Product(s) has/have been shipped/posted to the Customer’s delivery address stated in the Order.|
|MTTK Contract||Has the meaning given in clause 4.1(a).|
|Order||A purchase of Products placed by the Customer.|
|Products||The products listed by a Seller on MTTK Website.|
|Seller||An individual or a company who lists Products on MTTK Website.|
|Seller Contract||Has the meaning given in clause 4.1(b).|
|Non-Refundable Products||Have the meanings stated in clause 7.4.|
3. OUR SERVICES AND THE PRODUCTS
3.1 As a registered user of MTTK Website, you will have access to the following services provided by MTTK: (a) an online platform for purchasing Products offered for sale by Sellers via MTTK Website; (b) the Buyer/Seller Communication System; and (c) assistance in concluding the Seller Contract referred to in clause 4.1(b) below.
3.2 The images of the Products on MTTK Website are for illustrative purposes only. MTTK cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.3 The packaging of the Products may vary from that shown on images on MTTK Website.
3.4 Prices and any applicable delivery charges will be as quoted on the MTTK Website from time to time, but may be subject to change by MTTK or the Sellers from time to time (in which case the MTTK Website will be updated accordingly, but changes will not affect Orders in respect of which the Customer has already been sent an Order confirmation email prior to the date the change is published on the MTTK Website).
3.5 The MTTK Website allows you to order and pay for a broad range of Products from a variety of Sellers. MTTK’s role is to provide a platform for Sellers to list Products and Customers to purchase Products. The Products are provided by MTTK’s various Sellers, and not by MTTK. MTTK is responsible for processing your Order(s) as the commercial agent of the relevant Seller. Therefore MTTK is not responsible or liable to you for the actual Products that you order through MTTK Website. The provision of the Products ordered via MTTK Website is the responsibility of the Seller who provides them. In the event you pay for Products via MTTK Website, your payment will be received by MTTK acting as commercial agent on behalf of the Seller. MTTK’s receipt of the correct payment will discharge your debt to that Seller.
4. CONTRACTUAL RELATIONSHIPS
4.1 Each Order placed by you shall be deemed to be an offer by you to purchase the Products from the Seller. No Order is accepted and no contract comes into existence until you receive a Dispatch Confirmation from the Seller, at which point two binding legal contracts will come into existence:
(a) a contract between you and MTTK (under which MTTK has certain obligations to you in relation to the processing of the Order (the MTTK Contract). That contract is made based on these Terms; and
(b) a contract between you and the relevant Seller in respect of the supply of the Products that you order through the MTTK Website (the Seller Contract). That contract may include separate Seller Terms and Conditions, which we will notify you of before you place an Order, either on the relevant Seller’s page on the MTTK Website or by way of a link to such Seller Terms and Conditions from that Seller’s page on the MTTK Website.
4.2 For the avoidance of doubt, the Seller Contract is a sale contract formed solely between the Seller and the Customer and MTTK is not part of such contract.
5. CUSTOMER OBLIGATIONS
5.1 The Customer shall ensure that the personalisation, customisation and specification (if any) of the Order are complete and accurate.
6.1 Payments for Products you purchase from the Seller may only be made using the payment methods MTTK makes available from time to time through the payment facility on MTTK Website.
6.2 MTTK may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. MTTK will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
7. REFUNDS AND RETURNS
7.1 Your rights to cancel a Seller Contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the Seller Contract:
(a) If the Product is faulty or misdescribed you have a legal right to end the Seller Contract and return the Product, see clause 8;
(b) If you want to end the Seller Contract because of something MTTK or the Seller has told you they are going to do, see clause 7.2; and
(c) If you have just changed your mind about the Product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the cost of returning any Products.
7.2 Ending the Seller Contract because of something MTTK or the Seller has done or is going to do: If you are ending a Seller Contract for a reason set out at (a) to (f) below the Seller Contract will end immediately and, if you have already paid for the Products, MTTK will refund you in full for any Products which have not been provided. You may also be entitled to compensation from the Seller. The reasons are:
(a) MTTK or the Seller has told you about an upcoming change to the Product, the Seller Contract or these Terms which you do not agree to;
(b) MTTK or the Seller has told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) the Product is not in stock or is no longer available;
(d) the Seller cannot meet your requested delivery date;
(e) there is a risk that supply of the Products may be significantly delayed because of events outside MTTK’s or the Seller’s control; or
(f) you have a legal right to end the Seller Contract because of something the Seller has done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund.
7.4 However, this right to change your mind does not apply in the case of:
(a) Anything that is made to your specific requirements (ie: outside of standard customisation options offered by the Seller to all Customers), is personalised or otherwise can't be resold due to a bespoke element;
(b) Perishable Products (like food or flowers);
(c) Creative pieces that are specially commissioned when you place an Order, like artwork, bespoke prints, stationery designs, sculpture, and ceramics and any other Products or designs that are specifically created for the Customer;
(d) Personal items sold with a hygiene seal (like cosmetics or underwear) where the seal is broken; and
(e) Cosmetic Products, hair accessories, veil and underwear due to hygiene reasons.
To avoid disappointment, please check whether an item is cancellable or non-cancellable before ordering.
7.5 How long do you have to change your mind? You have 14 days after the day you (or someone you nominate) receives the Products, unless:
(a) Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products; or
(b) Your Products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Products.
8. HOW TO CANCEL AN ORDER OR RETURN A PRODUCT
8.1 To cancel an Order, you just need to let us know that you have decided to cancel. The easiest way to do this is to log into your account and follow the suggested steps on MTTK Website. If you use this method MTTK will e-mail you to confirm MTTK has received your cancellation.
8.2 Returning Products after ending the Seller Contract. If you end the Seller Contract for any reason after Products have been dispatched to you or you have received them, you must return them to the Seller. You must either post them back to the Seller at the address provided when you cancel your Order in accordance with clause 8.1 above or (if they are not suitable for posting) allow the Seller to collect them from you. If you are exercising your right to change your mind you must send off the Products within 14 days of telling MTTK you wish to end the Seller Contract.
8.3 When Seller will pay the costs of return. Seller will pay the costs of return:
(a) if the Products are faulty or misdescribed; or
(b) if you are ending the Seller Contract because you have a legal right to do so as a result of something the Seller has done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind MTTK may reduce your refund of the price to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the Seller offers. For example, if the Seller offers standard delivery at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.5 When your refund will be made. MTTK 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 Business Days from the day on which the Seller receives the Product back from you or, if earlier, the day on which you provide MTTK with evidence that you have sent the Product back to the Seller.
9. ORDER AND DELIVERY
9.1 MTTK’s order process allows you to check and amend any errors before submitting your order to us. It is your responsibility to ensure that the specification and options (if any) that you entered are accurate. Please be advised that your estimated delivery date does not take into account any bank holidays.
9.2 After you place an Order, you will receive an e-mail from MTTK acknowledging that MTTK has received your Order. However, please note that this does not mean that your Order has been accepted. The acceptance of your Order will take place as described in clause 4.1.
9.3 Your shopping basket on the MTTK Website displays the Products you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.
9.4 Certain Products on the MTTK Website can only be purchased if you satisfy the legal age requirement for that Product. MTTK is not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through the MTTK Website.
9.5 Delivery of an Order shall be completed when the Seller delivers the Products to the address you gave MTTK and the Products will be your responsibility from that time.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 MTTK has no liability whatsoever for any act or omission of a Seller, arising from or in connection with the use of MTTK Website, including the fulfilment of any Orders.
10.2 You acknowledge that MTTK is not required to verify or undertake any due diligence on any Sellers, nor on any Products uploaded to MTTK Website.
10.3 MTTK makes no guarantees or endorsements of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any Products, or the related pictures, photographs, statements or other information provided via MTKK Website.
10.4 Where MTTK has been negligent and/or breached a contractual obligation to you, it will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of MTTK’s negligence or breach of contract, or would have been considered by you and MTTK to be a likely consequence of it at the time we entered into the MTTK Contract in accordance with clause 4.1(a).
10.5 Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
10.6 Subject to clause 10.5, MTTK shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings or any indirect or consequential loss arising under or in connection with these Terms.
11. OUR RIGHT TO VARY THESE TERMS
11.1 MTTK amends these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
11.2 Every time you order Products via the MTTK Website, the Terms in force at the time of your Order will apply to that particular Order.
12. EVENTS OUTSIDE OUR CONTROL
12.1 Where MTTK or a Seller is prevented from or delayed in carrying out obligations under these Terms (or the Seller Contract, as applicable) due to an Event Outside Our Control, then:
(a) MTTK, the Seller or a representative of either of them will contact you as soon as reasonably possible to notify you; and
(b) either MTTK’s or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the Event Outside Our Control continues.
12.2 An Event Outside Our Control means any act or event beyond MTTK’s or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers, or failure of public or private telecommunications networks or an inability or delay in obtaining supplies of adequate or suitable materials.
13. DISPUTE AND COMPLAINT
13.1 If you are dissatisfied with the Products that you receive, please request a refund of the Product and return the Products to the Seller in accordance with clause 8. If you wish, please also write to firstname.lastname@example.org to raise a complaint.
13.2 If you are dissatisfied with a Non-Refundable Product, please write to the Seller with our Buyer/Seller Communication System as soon as practicable. MTTK is not party to the Seller Contract and therefore is unable to resolve any disputes. However, MTTK shall exercise reasonable endeavours to aid any disputes between a Seller and a Customer.
14. OTHER IMPORTANT TERMS
14.1 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.
14.2 Any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14.3 MTTK and the Customer both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if the Customer is a resident of Northern Ireland the Customer may also bring proceedings in Northern Ireland, and if the Customer is a resident of Scotland, the Customer may also bring proceedings in Scotland.