Terms & Conditions for Couples

We are Nearly Married Limited, a company incorporated under the laws of Scotland, with company number SC294482 and a registered office at George House, 36 North Hanover Street, Glasgow G1 2AD. In these Terms and Conditions Nearly Married Limited is referred to as " we", "us" or "our".

These Terms and Conditions apply to any couple (the "Couple") that are due to be married or are due to enter into a civil partnership and who have registered with us. Please note that at least one member of the Couple must be over 18 years of age to use our service.

We recommend that you print these Terms and Conditions off or save them to your computer so that you have a copy of them for future reference.

How our service works
Once the Couple has registered with us, they will need to use username to access their information. A password can also be set. It is the responsibility of the Couple to keep this username and password safe, secure and secret at all times.

We will then allow the Couple to use our website at www.nearlymarried.co.uk (our "Website"), to use our wedding planning tools ("Wedding Planning Tools") and to access and alter bespoke web pages on our Website that relate to the Couple's wedding (the "Couple's website") subject to these Terms and Conditions.

The Couple will choose a list of gifts from our extensive product catalogue to appear on their wedding gift list (the "Gift List") which we will publish on the Couple's website hosted on our website. This makes it easy for wedding guests, friends or relatives of the Couple ("Guests") to give a sum of money to the Couple equating to the value of any gift ("Gift") via our Website or by telephoning us on 0845 257 8529 (calls are charged at local rate wherever you are). Please note calls may be recorded for quality monitoring and training purposes.

If the Couple wishes us to include any item on the Gift List that does not appear on our catalogue, please let us know and we will use our reasonable endeavours to include any such item on the Gift List. We reserve the right to charge an additional administration and / or delivery fee on the price of any item that we agree to include on the Gift List that does not appear on our catalogue.

The Couple can require Guests to use a password in order to use the Couple's Gift List.

We will hold the value of the Guest's Gift in trust for the Couple, and we will use that money to purchase the relevant goods from our suppliers, or where we are instructed to do so by the Couple we may use the Gift to buy alternative goods chosen by the Couple (usually this will happen if the goods in question are no longer available).

The Couple are also entitled to use our service to buy goods from our suppliers. We accept all major credit and debit cards (Switch, Maestro, Visa Debit, Visa Credit, Mastercard and Electron) for Gifts over our Website or by telephone. Please note we do not accept payment by Diners Card or American Express. By submitting card details to us by telephone or over our Website the Couple agrees to authorise us to debit or charge the value of the Gift and the Administration Fee (including VAT and any other applicable taxes and charges) from the Couple's credit card, debit card or bank account. All payments are handled securely.

When gifts are purchased, the Gift List will automatically be updated. Please note we are not responsible for any price changes made by third party suppliers. If our third party supplier's price increases between the time the item is added to the Gift List and the time the Couple require us to purchase the item, then providing the Couple still want us to purchase the item on their behalf it will be the responsibility of the Couple to make up for any shortfall either from their own money, or from any other funds that we hold on behalf of the Couple.

We will usually close the Gift List to Guests seven days after the date of the Couple's wedding or civil partnership.

The Couple can instruct us at any time to purchase goods from our suppliers using the money that Guests have given as a Gift. All orders for goods should be placed through us no later than fourteen days after the date the Couple return from honeymoon or sixty days after the date of the wedding, whichever is the earlier, unless agreed in writing by a Director of Nearly Married Limited.

Please note that we act at all times as the agent of the Couple when making purchases of goods.

The Couple is entitled to change the Gift List at any time. This means that the Couple has the added flexibility and comfort of being able to substitute goods in circumstances where goods are no longer available.

Charges
Our service is provided free of charge to the Couple, subject to charges for some specific services as detailed in these Terms and Conditions. All prices include VAT at the current rate, where applicable, unless specified otherwise.

We will charge the Guest a fee of £3.50 (the "Administration Fee") in respect of any Gift or purchase (irrespective of the number of items included), but excluding gifts of money, to cover administration and delivery costs.

Gifts of money are subject to a Money Fee of 8%. By default this will be deducted from the value of funds that we hold on behalf of the Couple but they can request that this fee be paid by Guests or split equally between the Couple and Guests. We will make up to two transfers of funds from the gift list to the Couple, free of charge. If the Couple require any additional transfers this is subject to a minimum £250 balance transfer and a fee of £3.50 for each additional transfer will be deducted.

The Administration Fee or Money Fee will be clearly stated before the confirmation of the Gift order.

If the total value of all the gifts purchased excluding gifts of money and vouchers is less than £500 we will charge the Couple a Small List Fee of £35. This will be deducted from the value of funds that we hold on their behalf but the Couple can request to pay this fee before gifts are delivered or funds transferred.

Delivery & Storage
Once the Couple has instructed us to buy goods on their behalf, we will take delivery of the goods and store them on the Couple's behalf until the Couple instructs us to deliver the goods to them.

We will provide one free delivery. A supplementary charge will be made for addresses in the Highlands & Islands of Scotland, Northern Ireland, Isle of Man and Isles of Scilly and this surcharge will be confirmed prior to delivery.

Delivery dates and times will be mutually agreed between us and the Couple and all deliveries must be signed for by the Couple. Premium delivery slots can be arranged (for example next day, morning, evening or weekend), subject to a surcharge which will be confirmed prior to delivery. This is not usually more than £25 per delivery.

Additional deliveries are possible if requested by the Couple. We will arrange these for mutually convenient dates and times. You will charged for these and they must be paid for before deliveries are made.

Undelivered gifts are subject to an administration fee of £35 if we or our couriers are unable to deliver the Gift List because the Couple are not available at the agreed time to receive the delivery.

Heavy, over-sized or high value items may be subject to a supplementary charge if they require special delivery and this will be agreed with the Couple prior to delivery.

If the Couple wish goods to be delivered more than seventeen weeks after the date of the Couple's wedding, a storage fee of £25 per week will apply.

We will deliver goods in suitable packaging to ensure they arrive in good condition. The goods will not be gift-wrapped.

We cannot be held responsible for delays or the failure of suppliers or courier companies to deliver on time or the inconvenience which this may cause.

Agency
We act as the Couple's agent when purchasing goods on behalf of the Couple. The Couple agrees that any contract of sale or supply with any third party shall be between the Couple and the third party supplier, and that we will act as agent only in procuring such sale or supply. The Couple agree that we are entitled to receive and to keep any payments of commissions from our suppliers in respect of any orders placed or sales made on behalf of the Couple and their Guests.

Title to all goods will pass to the Couple in accordance with any third party's terms and conditions of sale or supply. The Couple will jointly and severally indemnify us in full against all liability, loss, damages, costs, fines, penalties and any other expenses whatsoever awarded against or incurred by us arising out of any breach by the Couple of any third party's terms and conditions of sale or supply.

We will be entitled to inform any third party supplier that we act as agent for the Couple at any time, and the Couple will disclose its identity as principal if requested to do so by us.

Returns
As the relevant contract of sale or supply is between the Couple and the third party supplier, we will not be responsible for any damaged or faulty goods received by the Couple or for managing returns. However, we will give all reasonable assistance necessary to help the Couple to exchange or return damaged or faulty goods.

Cancellations Policy
Please note that we do not accept liability for any cancellations of any Gift from a Guest once payment has been received.

If the Couple cancel or postpone their wedding, it shall be the responsibility of the Couple to inform us of such cancellation or postponement as soon as possible and in any event no later than seven days from the date of such cancellation or postponement. We will then promptly close the Gift List to Guests.

If you have any questions about this Cancellations Policy, please call us on 0845 257 8529 during our office hours of 9am to 5pm, Monday to Friday UK time or email us Please quote your name, address, and wedding date when calling us or emailing us. This information will help us to process your enquiry as quickly as possible.

Use of Wedding Planning Tools
We own, or have licences to, all the Wedding Planning Tools available on our Website. The Couple shall only be permitted to use the Wedding Planning Tools for the purpose of planning their wedding or civil partnership, and shall have no other right to use the Wedding Planning Tools. In particular, the Couple shall not be entitled to use the Wedding Planning Tools for commercial purposes. We reserve the right to cancel the Couple's right to use the Wedding Planning Tools at any time.

The Couple shall not obtain any intellectual property rights in and to the Wedding Planning Tools by virtue of these Terms and Conditions.

The Couple shall not attempt to reverse engineer the Wedding Planning Tools, or to copy any software relating to the Wedding Planning Tools.

Use of Couple's Website
The Couple is solely responsible for the content of their website hosted on our website. The Couple agrees not to attempt to breach any security or privacy mechanisms associated with their website hosted on our website or any part of our Website.

The Couple agrees not to use their website hosted on our website to post or transmit any content which is unlawful, threatening, libellous, defamatory, obscene or pornographic.

The Couple’s Website is available free of charge to Couples whose gift list is registered with Nearly Married. However, if the Couple do not use Nearly Married’s gift list service or they advertise other gift list services or gift options a charge of £35 will be levied. This Website Fee may be deducted from the value of funds that we hold on the Couple’s behalf or it may be paid separately.

We reserve the right in our absolute discretion to remove or edit content or materials on the Couple's website hosted on our website and on the Website and we will not be liable to the Couple if we do so.

We will be entitled to terminate or suspend the Couple's use of their website hosted on our website or the Website and / or our service for any reason at any time in the event that the Couple is in breach of any part of these Terms and Conditions.

Use of Personal Information
We will only use the personal information that is provided to us by the Couple for the purposes of providing our service to the Couple. We will not share or use the personal information of the Couple for any other purposes, unless the Couple specifically gives us authorisation to do so. For more information, please see our Privacy Policy.

General
If any provision of these Terms and Conditions is held by any court or other competent body to be invalid or unenforceable in law then the provision in question shall be omitted or amended in such a way as to be enforceable while giving effect to the intention of the provision and the other provisions shall not be affected.

We shall not be liable for any delay, loss or damage caused to the Couple due to circumstances beyond our reasonable control including, without limitation, the cancellation of the Couple's wedding or civil partnership, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes.

Our entire liability to the Couple in respect of any loss or damage arising from any breach of our contractual obligations under these Terms and Conditions or for any representation, statement, tortuous or delictual act including negligence shall be limited to the aggregate value of all Gifts given to the Couple by Guests plus the value of any orders for goods made by the Couple over our Website or placed through us by telephone.

We shall not be liable for any indirect, special or consequential loss whatsoever and howsoever suffered by the Couple whether or not caused by or resulting from our negligence or the negligence of our employees, agents, suppliers, representatives or resulting from any breach of our statutory duties or any breach of our obligations under these Terms and Conditions. Nothing in these Terms and Conditions shall limit our liability for death or personal injury caused by our negligence or for any other liability which cannot be excluded by law.

These Terms and Conditions shall be governed by the laws of Scotland.

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