Terms and Conditions
Terms and Conditions of “Bespoke Home”
It is important to us that you, as the client, are comfortable with the terms and conditions contained below and that you understand both what can be expected from us and, in return, what is expected by us from you, as the client.
We therefore requested that you carefully read the terms and conditions contained in this document as, by your signature hereto, you acknowledge that:
i. you have understood all the terms and conditions contained in this document;
ii. that any queries you may have regarding the terms and conditions contained in this document have been dealt with; and
iii. you understand the obligations created by the terms and conditions contained in this document.
- In these terms and conditions, Bespoke Home is referred to as “Bespoke”, and you, as our client is referred to as “the client” or “our client”.
- The registry procedure as set out in Schedule A annexed to these terms and conditions, is to be read as forming part of these terms and conditions. In the event of any contradiction arises between Schedule A and these terms and conditions, then these terms and conditions shall prevail and take precedence.
- All changes made to these terms and conditions shall not be valid and/or binding unless the changes are made in writing and signed by all parties to these terms and conditions.
- All changes of address (including but not limited to the client’s email address and telephone numbers), any additions and/or amendments to the client’s registry (“the registry”) and all notifications from the client to Bespoke, must be made in writing and, transmitted by email or by telefacsimile, depending on the method of communication selected by the client in terms of Schedule A to these terms and conditions.
- Any additions and amendments to the registry will, where at all possible, be accepted and implemented by Bespoke, save and except in instances where the items concerned have not already been selected, ordered or reserved by Bespoke from its Suppliers.
- By their signature hereto, the client accepts that all written communication will be transmitted via e-mail or telefacsimile, depending on the client’s selected preferred method of communication (as per Schedule A). The client will be notified of selections made from the registry by the method of communication chosen by the client. Bespoke requests that, if the client chooses Bespokes online service, Bespoke cannot be responsible for the contents of the messages that may be sent by any of the guests who select items from the client’s registry. Similarly, clients may not direct their guests to other websites, brands or services within their registry guest message without the written consent by a Bespoke consultant.
- All prices quoted on the registry items are subject to change, subject to availability of the registry items, and may be increased without prior notice. What this means is that, if registry items at a particular price are sold out and the replacement stock comes in at a higher price, then the quote price will increase. Orders must be placed a maximum of 4 (four) weeks after the date of your wedding as Bespoke will not absorb price increases thereafter. No sale items will be included in the client’s registry.
- Funds from the client’s registry account cannot be used to purchase gifts from other wedding registries registered with Bespoke, nor can these funds be used toward the client’s delivery costs. Money paid by the client’s guests for wrapping will be used exclusively towards wrapping costs and will not be used towards other expenses and/or gifts purchased.
- If the client requires, orders may be placed on your behalf for “special order item/s”, which are those unique items that are not usually held in stock by Bespoke’s suppliers. In these circumstances, Bespoke will require a purchase order to be completed and signed by the client prior to the order for the special-order item/s is/are processed. This clause shall also apply to “antique” items. A deposit will be required to reserve special order items at the time of processing the purchase order and which deposit is required over and above the funds available in the client’s registry at the time of processing the purchase order. When the client’s registry closes, the client will receive a credit against the additional monies accrued in the the registry account.
- At the purchasing stage, and in the event, that the client requires to specify alternative gifts not itemised on the original registry list, these alternative items will only be accepted if they are available to be purchased from one of Bespoke’s approved suppliers. All monies received by Bespoke from the client’s guests will be allocated to the client’s registry (and for credit) and no cash payments or refunds will be made to the client.
- Once the client has confirmed their purchasing requirements, the ordering of the registry gifts is not undertaken until the client has completed and duly signed a purchase order in respect of the gifts and the purchase order has been accepted by Bespoke in writing, emailed to Bespoke through its online service and using the client’s unique ID password.
- Subject to the provisions of clause 8, items specified on the client’s registry may not be exchanged or returned following the acceptance of the purchase order referred to in clause 9 above.
- Any additional items selected after the purchase order has been confirmed in terms of clause 9 above, will be added to the client’s registry account, however these additional items will not be purchased unless a further purchase order is completed, signed, confirmed and accepted.
DELIVERY AND STORAGE
- The client acknowledges and agrees that delivery of all registry items is executed by a third-party courier service (“the courier”) duly appointed by Bespoke. Accordingly, the terms and conditions relating and/or incidental to the delivery of all registry items is subject to the courier’s own terms and conditions in addition to the terms and conditions contained herein.
- Bespoke will store all gifts purchased from the Bespoke registry, at no additional charge to the client for a maximum period of two months from the date that they are receive by Bespoke. Any additional storage period will be charged for at a rate of R 150.00, payable by the client on presentation of invoice by Bespoke, and before goods are released from storage.
- The client agrees and acknowledges that Bespoke requires at least 2 (two) working days’ notice to arrange delivery to the client, unless such delivery has been arranged upon finalisation of the purchase order in terms of clause 12 of these terms and conditions, and subject to the following:
- Bespoke provides up to 2 (two) free delivery services per registry to all major cities within the Republic of South Africa, in circumstances when the total registry spend amounts to R 15 000.00 or more. Delivery to outlying areas (outside of all major cities) may incur an additional surcharge, which charge will be calculated depending on the delivery location, size and weight of the registry items being delivered. This amount is to be paid on presentation of an invoice by Bespoke and upon delivery of the items;
- Total registry spend which amounts to less than R 15 000.00, will be charged for at a maximum of R 500.00 per delivery;
- Bespoke provides an export shipping service to clients for delivery of gifts outside of South Africa. This method of delivery incurs its own unique pricing and must be discussed with your consultant.
- Bespoke endeavours at all times to communicate delivery times as accurately as possible. Times are, however, often subject change due to circumstances beyond Bespoke’s control. Any change in delivery times will, wherever possible, be communicated to the client. Bespoke will not be held responsible for any delays or misinformation caused by Bespoke’s suppliers.
- Any issues relating and/or incidental to delivery of the registry items (including but not limited to the goods received differing from those which were ordered, incorrect quantities, damaged and/or defective goods), must be communicated to Bespoke in writing within 5 (five) days of receipt the registry goods by the client. Bespoke will not be held liable if issues are not communicated within this specified time frame and, in this instance, the order will be deemed to be successfully completed.
- Each delivery to the client will be accompanied by an itemised delivery note, to be signed by the client to indicate receipt of the goods. By their signature of the delivery note, the client is deemed to have accepted delivery and that the items are received as true and correct (subject to the provisions of clause 18 above)
- Any personal Information submitted by the client via the website and by completing any of Bespoke’s online forms (including but not limited to client names, addresses, telephone numbers and email address) will be treated with the utmost confidentiality and shall not be disclosed to third parties without the consent of the clients, and only insofar as it is necessary (for example, for delivery/courier purposes) or as is required by law.
- Any personal information compiled for statistical purposes, and as is permitted by the Electronic Communications and Transactions Act 25 of 2002, will be used in the general sense and shall not be linked to any specific user.
- In the event of any act or circumstances beyond Bespoke’s reasonable control, including but not limited to any failure on the part of third party suppliers, vis major, legislation, war, flood, fire, drought, break-in, theft, any failure in the delivery service we use, failure of power supply, lock out or strike, Bespoke shall not be held liable. Bespoke shall also not be held liable for any delay or failure to deliver the registry items resulting from any of these circumstances.
- Provision of registry items is subject to availability and cannot be guaranteed until a purchase order is confirmed in terms of clause 9 of these terms and conditions. In the event of an ordered item being out of stock at the time of confirmation of purchase order, Bespoke will endeavour to either add the item to a subsequent delivery. In the event that the item becomes discontinued or there is no stock available for a lengthy period, Bespoke will endeavour to ensure that the client is provided with a suitable alternative or replacement.
- The client acknowledges and accepts that certain goods sold by Bespoke are handmade or strictly made to order by third party suppliers, and as a result can contain slight variations in the colour, size and/or texture to those as displayed on the website. It is strongly recommended that the client visits Bespoke’s showroom to view the goods before proceeding with any purchase or enquire with their consultant should they be unsure of any product information. In the event that the client elects not to visit the showroom, Bespoke is hereby indemnified against any variations in the products as referred to in this clause 25. Should the client wish to return a product that is not defective, Bespoke holds the right to reject this return if the products was ordered in specifically for them. All returns accepted on non-defective products will be for the clients account.
- Nothing in these terms and conditions is intended to limit any rights the client might have as a consumer under the applicable local laws of the Republic of South Africa and/or other statutory rights resulting therefrom.
- Save as precluded by law:
- Bespoke’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise, arising in connection with the performance or contemplated performance of these terms and conditions will be limited to the value of the client’s registry account; and
- Bespoke shall not be liable to the client, their agents or assigns, for any indirect or consequential loss or damage (whether for loss of profit, loss of business, completion of goodwill or otherwise), costs, expenses or other claims of consequential compensation whatsoever (howsoever caused) which arise out of, or in connection with, the conclusion and execution of these terms and conditions by Bespoke.
CANCELLATION OF AGREEMENT
- Upon signature of these terms and conditions, and in the event of the client’s wedding being cancelled and provided that notice of cancellation is not received in writing within 1 (one) month of the wedding being cancelled an, an administrative cancellation fee of R 1 500.00 or 10% of the value of the gifts purchased by guests at the time of the cancellation (whichever is the greater and subject to a maximum charge of R 3 000.00) will be charged by Bespoke. Upon receipt of payment of this administrative cancellation fee by the client, all guests will be refunded the amount paid by them for their gift and they will be advised in writing that a credit has been issued to them.
- These terms and conditions, and the documents annexed hereto, constitute the entire agreement between the client and Bespoke and supersede any previous agreement entered into between them.
- By their agreement hereto, the parties warrant that they are duly authorised to do so.
Schedule A – The Registry Procedure:
- 1. Terms and Conditions are given to client by a duly authorised consultant of Bespoke (“the Consultant”) and signed by client. Client to advise of preferred method of communication, namely:
- Telefacsimile; or
Preferred method: ______________________
- The Registry is created electronically by client with the assistance of the Consultant.
- The Consultant obtains acceptance by the client of the registry in writing, after which:
- the registry “goes live” on Bespokes’ system; and
- the registry “goes live” on Bespokes website (subject to the written approval of the client).
- Client may then notify guests that the registry is live and they can make selections.
- Client is sent a notification in respect of the gifts for which Bespoke has received payment. Notifications are sent out weekly using the clients preferred method of communication (in the case of email or telefacsimile) or are uploaded immediately to the website (in the case of online purchasing) when the client logs in.
- After the wedding and the closure of the registry, the client will receive a list of the selected items not purchased by guests and which can be purchased by the client (subject to confirmation by the client of the client’s purchase requirements).
- Purchase order is then raised upon receipt of client’s purchase requirements, signed by the client (alternatively confirmed over email or by digital signature) and any outstanding balance is to be paid in terms thereof.
- The registry gifts are then received by Bespoke from third party suppliers and dispatched to the client in terms of the “delivery” clause and as soon as practicably possible.