Last updated: 21 July 2020
For details on how to contact us, please see Section 24 (Contact Us) below.
1. Your Acceptance of the Terms
Similarly, some areas of the Services (including, without limitation, The Hitched Shop) are hosted or provided by our third-party hosts or service providers and are subject to additional terms and conditions of use, which are posted within those areas on such third parties’ websites. Please make sure you read and accept these additional terms and conditions before using these areas of the Services.
We reserve the right, in our sole discretion, to change or modify these Terms at any time. It is your responsibility to check the Terms periodically because any changes will be binding on you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
2. The Services and Users of the Services
Through our Services we offer an innovative community and marketplace for the wedding industry. Our Services are only available to business entities and individuals who are at least 18 years of age and who can form legally binding contracts under applicable law.
Users of our Services include:
- individual users such as prospective brides and grooms, newlyweds, wedding guests and all other consumers accessing our Services or perusing our websites (collectively, "Website Visitors");
- individual users such as prospective brides and grooms, newlyweds and wedding guests who have registered to create an account with us (collectively, “Members”); and
- companies and other third parties offering products and services related to weddings (collectively, “Vendors”)
Certain areas of the Services may provide a place for Members to interact with Vendors and book services that a Vendor offers. As a Member, you acknowledge that while we use techniques to help verify the identity of Vendors when they register for memberships or subscriptions on our Services, we cannot guarantee each Vendor’s identity, capabilities, that it has obtained all required permits, licences or consents, or that it complies with all applicable laws. We do not personally endorse or recommend any particular Vendor nor do we guarantee the quality of their goods or services. You should use our Services as a starting point for identifying organisations that provide the products and services you need, and then conduct your own research to ensure the service providers you choose to do business are appropriate for you.
If you are agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, "you" and "your" refer to that company or other entity.
As a Vendor you acknowledge that we will not personally recommend or endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your membership or subscription to our Services may not be transferred or sold to another party.
As a Vendor you must list the true and correct name of your business on the Services. If there is a change to that business name, Vendors must promptly update the Services and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations licence, as applicable.
We may offer different types of paid and free memberships or subscriptions. For instance, we may offer “Basic,” “Free Trial,” “Lite,” or other unpaid Vendor memberships. These unpaid Vendor memberships do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such unpaid Vendor memberships at any time. We may also offer memberships or subscriptions for which a Vendor pays (“Paid Subscriptions”). The Terms and Conditions of Sale apply to such Paid Subscriptions, and are incorporated into our relationship with Vendors. If there is a conflict between these Terms and the Terms and Conditions of Sale, the latter shall prevail.
3. The Services and Users of the Services
As a User, you acknowledge that we are not a product or service provider, vendor, or an agent representative for any Vendor. We and the Services function solely as a neutral venue and digital platform where Users may connect for particular types of services or products. We are not involved in or a party to the actual transactions between Users. As a result, although we take steps to verify the Vendors that list on our websites, we have no control over the transactions that take place on our Services or the accuracy of any Vendor listings. We have no control over the ability of Vendors to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users.
4. Nondiscrimination Policy
We want all Users to feel welcome and included on our Services. Accordingly, we prohibit discrimination against Users, guests, or our representatives based on race, colour, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on the Services. We will, at our discretion, take steps to enforce this policy, up to and including suspending from our Services those Vendors and Members who violate this policy. If you experience discrimination with any Member or Vendor, please contact support at email@example.com. with the subject “Nondiscrimination Policy,” so we can investigate and take appropriate measures, which we will endeavour to do without undue delay.
We reserve the right to suspend any User’s access to the Services and cancel the contract of any Vendor that violates these rules or who engages in offensive and detrimental behaviour, including behaviour that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory or offensive comments or by taking actions that are not in keeping with our Nondiscrimination policy. Please see our Review Policy below for more information related to reviews posted on the website.
5. Location of the Services
We control and operate the Services from our facilities in the United Kingdom and, unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United Kingdom and Ireland. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, local laws may be applicable. Our affiliated companies have Websites that are intended to serve many other countries in the world. Please see TheKnot.com and WeddingWire.com for access to sites focused on the United States of America, and Bodas.net for access to sites focused on Europe, Latin America, Canada and India.
6. Accounts, Passwords and Security
To access certain features or areas of the Services, you may be required to register and create an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information). In addition, certain features of the Services may only be available to our Members. To access those areas of the Services you will be required to log in using your username and password. You are responsible for all activity occurring when the Services are accessed through your account, whether authorised by you or not.
Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
8. Rules for Using the Services
You must comply with all applicable laws and contractual obligations when you use the Services. In using the Services, you also agree to abide by the rules outlined below.
Users of the Services
As a User of the Services, you expressly agree not to:
- Create an account in another person’s or entity’s name, create more than one account, use another’s account or impersonate another person or entity;
- Use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
- Restrict or inhibit other Users from using and enjoying the Services;
- “Harvest,” “scrape,” “stream catch” or collect information from the Services using an automated software tool (including but not limited to use of robots, spiders, or similar means), or manually on a mass basis (unless we have given you separate written permission to do so) (this includes, for example, information about other Users of the Services and information about the offerings, products, services and promotions available on or through the Services);
- Circumvent or reverse engineer the Services or our systems or to gain unauthorised access to any areas of the Services, or any other systems or networks connected to the Services, or to any of the services offered on or through the Services that are not intended for access by you, by hacking, password “mining,” or any other illegitimate means;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks, or any systems or networks connected to the Services, including by “flooding” the Services with requests;
- Use the Services to gain competitive intelligence about us, the Services, or any product offered via the Services or to otherwise complete with us or our affiliates, or use information on the Services to create or sell a similar product or information;
- Manipulate or forge identifiers to disguise the origin of any information posted on the Services or otherwise provided to us or our employees;
- Use the Services to promote spamming, chain letters, or other unsolicited communications; or
- Engage in tactics, or direct or encourage others, to attempt to bypass the Services or our systems to avoid complying with any of our applicable policies, including these Terms, paying applicable fees, or complying with other contractual obligations, if any.
If you are a Vendor, in addition to the above, you further expressly agree not to:
- Violate any applicable laws, statutes or regulations regarding your use of the Services and your listing, the production and transportation of items and/or the solicitation of offers to produce and transport items;
- Include promotional text or endorsements in your storefront name or your storefront picture(s);
- Discourage, either through the Services or otherwise, any Website Visitor or Member from hiring other Vendors of the Services; or
- “Farm” out Member leads (i.e., taking Member leads provided to you and transferring them to others that are not Vendors of the Services).
We reserve the right to suspend any User’s access to the Services and/or cancel the contract of any User that violates these rules.
9. Review Policy
Our Services include a forum whereby Users can post a review of Vendors (“Review”). Reviews are an important way for users to make informed decisions about Vendors and, as such, Hitched takes steps to ensure that there is a transparent process for posting and, if necessary, removing Reviews in accordance with applicable laws.
If you have questions about these policies or procedures, or believe that a review violates these policies, please contact firstname.lastname@example.org.
Hitched will publish all Reviews submitted to the platform by Users provided that they meet the following conditions:
- They are written by a User who used the Vendor for their own wedding
- They are written by aUser with a signed contract to use the Vendor
- The Reviews are free of profanity or abusive language
Hitched reserves the right to take steps to verify that the User who posts the Review meets the criteria for publication specified above.
Reviews may not contain the names or other personal data of staff members of the Vendor. Where Reviews containing personal data of staff members of Vendors are reported to Hitched, this information is redacted from the Review or, to the extent redaction is not possible, the Review is removed from the Hitched website.
Complaints and Takedown Procedure
User Removal Requests
A Review will be taken off the Hitched website as soon as practicable where a User asks for their own Review to be removed.
Vendor Removal Requests
Where a Vendor disputes or requests removal of a Review, Hitched follows the Takedown Process proposed under the U.K. Defamation Act of 2013, including the time periods required for responding to Users and Vendors. Hitched will investigate the request pursuant to such process, and notify the Vendor whether the Review will be removed.
10. Protection of Intellectual Property Content
Our Services contain copyrighted material, trade marks, inventions, know-how, potentially patentable business method material, designs (including the look, feel, appearance and graphic function of the Services), design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content”). Unless otherwise indicated and/or provided pursuant to a third-party licence, our Intellectual Property Content is our sole property, and we retain all rights, interests and title thereto.
You may use the Services and the Intellectual Property Content (including any content and materials included on the Services) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Services unless explicitly authorised in these Terms. You may not frame or link to the Services without our prior written permission.
The Services contain trade marks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us, including but not limited to the "HITCHED" mark. Unless otherwise agreed to in writing, you agree that no right, property, licence, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance, or non-performance of the Terms or any part thereof. You shall in no way contest or deny the validity of, our right of title to or licence of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of the Terms and thereafter. You shall not utilise the Marks or any similar marks in any manner that would diminish their value or harm their reputation or goodwill.
You shall not use or register any domain name, trade mark, or service mark that is identical to or similar to any of the Marks.
11. Content Submitted by Users
The Services may offer Users the opportunity to submit or post information to the Services, and to share information with other Users through message boards, Vendor advertisements and listings, and other means. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information.
Any information submitted by you to the Services through any means is “Submitted Content.” We acknowledge that you retain ownership of all Intellectual Property Content that forms part of the Submitted Content.
By posting Submitted Content, you expressly represent and warrant that (i) you are the owner of any and all Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive licence to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the Submitted Content or its exploitation, have authorised the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein.
Users are solely responsible for their Submitted Content. We do not control the Submitted Content of Users and we are not responsible for its accuracy or legality. You assume legal responsibility for and will be responsible for all costs and losses suffered by us as a result of any of your Submitted Content.
12. Our Licence to Submitted Content
By posting Submitted Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide licence (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the Services, our business, or the promotion thereof, to prepare derivative works of, or incorporate such Submitted Content into other works, and to grant and authorise sublicenses of the foregoing. Additionally, by providing Submitted Content, you authorise us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any Submitted Content in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein. You acknowledge that we may retain archived copies of your Submitted Content and may continue to use your Submitted Content in connection with any materials that were created prior to your removal of your Submitted Content, in accordance with the license described above.
We always want to receive messages and feedback from our Users and welcome any comments regarding the Services. Any ideas, suggestions, comments or proposals you send to us (collectively, “Submissions”) are entirely voluntary and we will be free to use such Submissions as we see fit and without any obligation or compensation to you.
13. Rules Regarding Submitting Content
By using our Services, you agree not to post any Submitted Content that you know is incorrect or not current.
You further agree not to post Submitted Content or take any action that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal;
- Is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, is sexually or otherwise harassing or menacing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, highly coercive, profane, or otherwise harmful to any Users or in any way violates the Nondiscrimination Policy set forth herein;
- Creates liability for us in any manner whatsoever;
- Violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct;
- Scans or tests the vulnerability or security of our Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Services;
- Contains your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person's personal information or otherwise invades another's privacy;
- Contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law;
- Advertises the products or services of others or contains links to third-party web sites or solicits business for products or services other than those that are offered and promoted on the Services
- Contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Services or our systems and or create or impose a large burden or load on our Services or systems; or
- Infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right.
We reserve the right, but do not have the obligation to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion.
Any decision to prevent, restrict, redress or regulate Submitted Content or to implement other enforcement measures against any Submitted Content (or to refrain from taking such measures) may raise difficult issues and may have to take place against a background of imperfect levels of information, time constraints and other complicating factors. In taking such decisions, we and our directors, offices, shareholders, parents, subsidiaries, employees, consultants, affiliates, partners, agents or representatives (collectively, our "Representatives") will seek to act in good faith.
You expressly agree that our Representatives and anyone else authorised to act on our behalf shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any Submitted Content, conduct or potential or purported violation of the Terms (but this does not restrict any rights you may have to take action against us in relation to such representations).
14. Tools & Changes to Services
The Services offers several tools to Users (collectively, “User Tools”), some of which are provided by third parties. We cannot guarantee the availability, suitability or effectiveness of any of these User Tools, whether provided by a third party or not.
In order to optimise the Services operation, we are constantly testing and evolving the Services and the services offered on it. We reserve the right to modify or discontinue any User Tools or other services or features provided on the Services at any time without warning. You agree that we may make such changes and reverse or modify them at any time, without notice.
15. Fees & Payments
Members: The Services are provided to Members free of charge. We may offer optional fee-based services, which may include services provided by third parties. Your use of such services shall be subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchases goods or performing any booked services, and in issuing any applicable refunds. The fee and timing of payments for the fee-based service will be described separately as part of the applicable fee-based service.
Vendors: Vendors with valid Vendor accounts may purchase additional paid services (e.g. subscriptions). Such services will be subject to additional terms (e.g. the Terms and Conditions of Sale for paid listings and the Digital Advertising Terms and Conditions for the purchasing of advertising).
We may add new services for additional fees and charges at any time in our sole discretion. In order to optimise the Services, we are constantly testing new initiatives and product offerings and may change the operation of the Services, including the order and manner in which advertisements appear on it, the way that services are delivered, and the way that new customers are charged for services.
16. Coupons & Discounts
We may allow you to receive promotional coupons (“Coupons”), or other promotions or discounts (“Discounts”) that may be used to purchase goods and services from us or third parties (“Coupon Vendors”). Additional terms and conditions may be contained on each Coupon or Discount.
17. Disclaimers of Warranties
YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. WHILE WE ENABLE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS, WHETHER ONLINE OR OFFLINE. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY VENDOR IS LICENSED, QUALIFIED, INSURED OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF WORK OF ANY VENDOR, OR THE SUITABILITY, RELIABILITY OR ACCURACY OF THE PRODUCTS AND SERVICES THEY PROVIDE. WE PROVIDE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT PROVIDED, DISPLAYED, OR GENERATED THROUGH THE SERVICES, OR ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE MAKE NO PROMISES THAT:
- THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
- THE INFORMATION ON THE SERVICES WILL BE ACCURATE OR UP TO DATE,
- THE SERVICES OR THE INFORMATION TRANSMITTED TO OR FROM THEM OR STORED ON THEM WILL BE SECURE FROM UNAUTHORISED ACCESS,
- INFORMATION AND CONTENT THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICES WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR
- THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SERVICES. WE DO NOT PROVIDE ADVICE AND WE CANNOT BE EXPECTED TO KNOW WHAT USE YOU MAY MAKE OF THE INFORMATION POSTED ON THE SERVICES.
18. Limited Liability
IN NO EVENT SHALL HITCHED, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, PARTNERS, AGENTS, OR OUR REPRESENTATIVES, CONTENT OR SERVICE PROVIDERS (THE "HITCHED PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT DAMAGES, LOSS OF PROFITS (DIRECT OR INDIRECT), ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SERVICES, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. THE LIABILITY OF THE HITCHED PARTIES (AS DEFINED ABOVE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO, IN THE CASE OF A VENDOR, THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR, IN THE CASE OF A WEBSITE VISITOR OR A MEMBER, £100.
This Section 18 shall not limit or exclude the Hitched Parties' liability for: (i) fraud; (ii) fraudulent misrepresentation; or (iii) death or personal injury arising from negligence.
You are solely responsible for your interactions with other Users, and we are not a party to any such disputes. We reserve the right, but do not have any obligation, to monitor disputes between you and other Users. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Services by Users are not provided by us and are specifically and solely between the Users.
You agree to release the Hitched Parties from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties.
19. Suspension or Termination of Access and Remedies
Website Visitors and Members may terminate their use of the Services at any time by ceasing to use the Services. Upon terminating their use of the Services, Members who wish for Hitched to delete their Member accounts and associated data may request deletion by emailing email@example.com.
We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services, at any time and for any reason (including without limitation for legal or regulatory reasons, if Users unduly use the websites or information stored thereon in an unlawful manner or in a way that harms the assets or rights of third parties). Where reasonably practicable and permissible by law, we will endeavour to give you prior written notice of such suspension or termination.
Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms; your creation, maintenance and/or management of more than one account; your non-payment in full any unpaid fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.
If you are a Vendor, after your relationship with us is terminated for any reason, we shall be entitled to retain and display all reviews associated with you on the Services as well as basic directory information, including, without limitation, business name, mailing address, website address and telephone number.
Remedies for use of our Services that violate the Terms include, but are not limited to, the immediate termination of your membership, notifying our Users of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation, and injunctive relief.
20. Governing Law and Jurisdiction
These Terms and any other terms and conditions applicable to the Services are governed by English law. Hitched and you agree to submit to the exclusive jurisdiction of the English courts, but if you are a consumer and you live in Scotland, Northern Ireland or the Republic of Ireland, the courts of those jurisdictions shall also have jurisdiction in relation to any dispute about these Terms.
21. Claims of Copyright Infringement
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below).
The written notice must include substantially the following:
- Identification of the copyrighted work you believe to have been infringed.
- Identification of the owner of the copyright work.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
Completed notices should be sent by email to: firstname.lastname@example.org.
22. Linked Websites
23. General Provisions
- Statute of Limitations. You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any claim or cause of action that you may have arising out of or related to the use of the Services, or these Terms, must be filed by you promptly after such claim or cause of action accrued.
- Section Headings. The section headings used herein are for convenience only and shall not be given any legal import.
- Changes. We retain the right to revise our Services at any time for any reason including without limitation to comply with any applicable law or regulation. It is your responsibility to review these Terms periodically.
- No Agency. You hereby agree and acknowledge that your provision of services and/or your use of the Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate us in any manner whatsoever.
- No Third-Party Beneficiaries. The Terms are not intended to benefit any third party, and do not create any third-party relationship. Accordingly, the Terms may only be invoked or enforced by you or us.
- No Assignment. The Terms are personal to you and you may not assign them to anyone.
- No Modification by Trade Usage/Prior Course of Dealing. The Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by its express terms.
- Failure to Enforce. A failure to enforce at any time any of the provisions of the Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
- Unenforceability. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- Prevailing Terms. To the extent there is any conflict between these Terms and any other document entered into between you and Hitched, with the exception of the Terms and Conditions of Sale, these Terms shall prevail unless the other document specifically states that it shall prevail.
- Entire Agreement. These Terms and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Services, constitute the entire agreement between us and you with respect to the Services.
24. Contact Us
If you have any questions or comments regarding these Terms, you can contact us at email@example.com. We will endeavour to respond to any written correspondence without undue delay.
Specific terms and conditions of purchase for personalised wedding stationery
Latest update: 29 September 2021
Hitched has entered into Oh a referral arrangement with Schaetzl Online GmbH to allow Hitched’s customers to purchase personalised wedding stationery. Please note that any order(s) placed by a customer for personalised wedding stationery shall create a contract between the customer and Schaetzl only, Hitched does not accept any responsibility or liability in relation to this contract.
These specific terms and conditions regulate the purchase of personalised wedding stationery which Schaetzl Online GmbH (company number HRB28557, registered in Germany at Am Stillflecken 4 86609 Donauwörth) (Schaetzl) provides to the Users through the “Invitations” section on the Website (hereinafter, the “Specific Terms and Conditions”).
The Users may contact Schaetzl through the customer service email: firstname.lastname@example.org
Notwithstanding the fact that Schaetzl is fully liable for the management, execution and placement of Stationery Orders, and that the Users must submit their requests, complaints or claims to Schaetzl through the contact addresses provided above the Users may submit their requests, complaints or claims to Hitched too, who shall be responsible for monitoring these requests, complaints or claims to try to ensure that they are resolved and satisfactorily dealt with.
The Specific Terms and Conditions supplement and replace, where necessary, the General Terms and Conditions of Use of Hitched.co.uk. In the event of a conflict, these Specific Terms and Conditions shall prevail over the General Terms and Conditions of Use.
The terminology used in these Specific Terms and Conditions refer to the following concepts:
Hitched Ltd. or Hitched.co.uk: Hitched Limited, a company registered in England and Wales with company number 12369816 and/or the site that it owns and manages (www.hitched.co.uk).
Merchant of Record: the purchase process and the service provided through the “Invitations” section is carried out by our merchant of record SCHAETZL ONLINE GmbH. Likewise, SCHAETZL ONLINE GmbH shall manage all the customer service consultations and the returns and refunds.
Order: this is the result of creating and personalising Stationery arranged by the User through the Website.
Stationery: the design, personalisation and purchase of wedding stationery such as invitation cards, sets of cards, thank-you cards, RSVP cards,, place cards, menu cards, table numbers, table plans, guest information cards, seat cards, labels and buttons, and visitors’ books.
Users: individuals who use the Service, regardless of whether or not they are registered users or guest users of the other services of Hitched.co.uk. Any reference to “you”and “your” shall be to a User and construed accordingly.
These Specific Terms and Conditions apply to the design, personalisation and purchase of the Stationery provided by the Merchant of Record and promoted by Hitched through the Website to the Users based on their correct registration on Hitched.co.uk or, failing this, based on their access as non-registered users to Hitched.co.uk. This includes the printing and shipping of the Stationery.
The Stationery design, personalisation and purchase service provided through the Website is carried out by our merchant of record SCHAETZL ONLINE GmbH.
The Stationery can be purchased through the Website, following the steps stated therein at any given time. After designing the Stationery, the Users must complete the order form and choose to either register on Hitched.co.uk or purchase as a guest, without Hitched.co.uk registering their data as Users, but only to process the Order.
The User can then verify the Order details and correct any errors in the “basket”.
Before confirming the payment, the Users must accept these Specific Terms and Conditions by checking the corresponding box, stating that they accept them.
The Merchant of Record will file and keep a record of the electronic documents and records created as a result of all purchases made by the Users.
Within 24 hours of the Users placing an Order through the Website, the confirmation email confirming that the Order has been accepted shall be sent to the Users’ email address provided, including a complete description of the Order, the invoice, if requested, and a link to these Specific Terms and Conditions. Please note that upon receipt of the confirmation email, a contract will come into existence between the Merchant of Record and the User.
The images of the Stationery on the Website are for illustrative purposes only. Although every effort has been made to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Stationery. The Stationery may vary slightly from those images.
All the Stationery available on the Website contains personalised content selected by the User.
3. SHIPMENTS AND DELIVERY DEADLINES
Our Website is solely for the promotion and sale of the Stationery within the United Kingdom. Orders are limited solely to the geographical territory of the United Kingdom.
The delivery fees, in relation to the corresponding Stationery, shall be set out on the relevant sections of the Website.
The deliveries of the Orders shall be made within the deadlines stated on the Website for each Stationery item which, at any given time, is offered or made available to the Users. If a delivery deadline is not stated, delivery shall be made as soon as reasonably possible and in any event the maximum deadline shall be the one set forth in the regulations in force or 30 days’ from the date which the User’s Order was accepted.
If there are delays in the delivery, the Merchant of Record shall notify the User as soon as possible.
The logistics management of the Users’ Orders corresponds to the logistics operators providing the shipment and delivery service hired by the Merchant of Record and/or its suppliers. Likewise, the Merchant of Record undertakes to let the User know as soon as possible about the existence of any incident and to take steps to minimise the effect of the delay. Provided the Merchant of Record and Hitched do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Orders paid for but not received.
The Users have the obligation and responsibility to check that the delivery place and time are suitable. If no one is available to take delivery and the Order cannot be posted through the letterbox, a delivery note will be left at the property address informing the User how to re-arrange delivery. If the User has any questions regarding this, please do contact us or our delivery partners for further information.
If the User does not re-arrange delivery or collects the Order from a delivery depot, our delivery partner / we will contact the User for further instructions and may charge for storage costs and any further delivery costs. If, despite our reasonable efforts, our delivery partner / we are unable to contact the User or re-arrange delivery or collection, we may end the contract.
The Stationery shall be your responsibility from the time we deliver or attempt delivery to the address you provided during the order process. You own the Stationery once payment has been received in full.
4. PRICES, EXPENSES AND TAXES
The prices of the Stationery set out in the Website include the corresponding value added tax (VAT) and are stated in pounds.
The Order’s delivery costs shall be added to the amount of the Order during the purchase process and before the payment.
5. PAYMENT METHOD
The Stationery can be paid by credit card (VISA/Mastercard), Paypal or bank transfer.
The entire transaction is encrypted through a bank validation server using the SSL (Secure Sockets Layer) encryption protocol so that the credit card and its expiry date are instantly encrypted in the Users’ computer before sending them to the SSL protocol.
The Merchant of Record will provide a secure purchase system. When carrying out these sensitive transactions, the Users will see that their browser indicates that it is working with a secure server.
The purchases through the Website shall be made through a payment gateway that verifies the card data and validity and, if there is prior express authorisation from the Users, it shall also store their personal data to reduce the processing in the event of future purchases.
When making the financial transaction, the payment service provider shall indicate the steps to be taken: the Users must enter the card number, expiry date, cardholder’s name and CVV and, if other types of cards or payment platforms are enabled, the transaction information required for those types of cards or payment platforms.
To ensure the card authenticity during the bank card linking process, the payment service provider shall check that the card is valid. In some cases, a charge shall be made to the card which will later be refunded.
Within the framework of the Order control service, the Merchant of Record may need to contact the Users to validate a transaction and can, if necessary, request all the information deemed necessary (regarding the identity and/or address and/or the payment means used) from the Users. The Users must provide the supporting documents required within 15 days of receiving the Merchant of Record’s request. In the event of a delay, absence or denial in submitting the supporting documents required, the Merchant of Record shall cancel the Order.
The delivery deadline for the Stationery ordered by the Users shall, therefore, be subject to the Merchant of Record receiving the supporting documents and Order confirmation.
6. PROMOTIONAL CODES
We reserve the right to deliver promotional or discount codes to the User, as we deem appropriate. The use of these may be subject to minimum purchase amounts or other restrictions that will be informed to you along with each promotional activity, and will depend on each type of promotional code.
Once the promotional code has been entered on the field intended for its purpose, it will become a gift voucher that will generate the effects that have been established and communicated to the User in respect of each promotional code.
In any case, and unless otherwise indicated, all promotional codes will be limited to a single use and will not be exchangeable for cash. In this regard, each promotional code can only be used once and cannot be saved for future purchases.
In the event that, when a purchase is being made by the User and the promotional code entered is not loading due to some kind of incident/problem or technical default with the operating system, we will only be able to apply the promotional code in question after receiving notice of the incident from the User. Likewise, once the notification has been received and before proceeding with the effective assignment/allocation of the promotional code, we will have to verify the compliance with the specific conditions of the promotion, the purchase intention and the non-cancellation of it. However, those notices received or processed by us after the effective date of the promotional code in question, will be treated as being made outside the period of validity of the promotion and the User will not have the right to apply said promotional code.
The Users are responsible for checking that their Order is correct. We shall not be responsible for any Users’ errors or mistakes made during the order process.
The Users are responsible for reviewing the texts, images, multimedia and other elements included in the Stationery such as the spelling and punctuation. The Merchant of Record and Hitched shall not be liable for mistakes or misprints in the Stationery once the period stated in clause 8.1 (Cancellation, returns and refunds) of these Specific Terms and Conditions has elapsed.
The Merchant of Record and Hitchedshall not be liable for the faulty multimedia material used during the processing of the Order nor for unformatted texts or multimedia materials that do not have the minimum resolution required or expected from Users. Therefore, the Users shall assume such risks when they have processed the Order wrongly and have not followed the necessary specifications stated on the Website.
Given the service’s specific features, the Merchant of Record and Hitched.co.uk cannot guarantee the results obtained when they are created and designed by the Users. Therefore, they are not liable for the content or quality of the multimedia or text elements added to the Order by the Users.
8. CANCELLATION, RETURNS AND REFUNDS
8.1. Users cancellation
Once the Order is placed, the Users will not be able to cancel or amend it.
Users can always end their contract. Your rights when you end the contract will depend on whether there is anything wrong with it, how we (“we” in this clause meaning either HItched or the Merchant of Record) are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Stationery repaired or replaced or to get some or all of your money back);
If you want to end the contract because of something we have done or have told you that we are going to do; and
In all other cases (if we are not at fault).
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Stationery which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the Stationery or these terms which you do not agree to;
we have told you about an error in the price or description of the Stationery you have ordered and you do not wish to proceed;
there is a risk that supply of the Stationery may be significantly delayed because of events outside our control;
we have suspended supply of the Stationery for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
you have a legal right to end the contract because of something we have done wrong.
Ending the contract where we are not at fault. If we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. The contract for the Stationery is completed when the Stationery is delivered.
If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the Orders not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.2 Our cancellation
We may end the contract if you break it. We may end the contract for the Stationery at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Stationery; or
you do not, within a reasonable time, allow us to deliver the Stationery to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for the Stationery that 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.
8.3. Returns and refunds
Notwithstanding clause 9 (Personalised Products) and clause 8.1 (Order Cancellation), the Users are entitled to file for a return or refund of the Order if the Stationery is faulty.
If you wish to exercise your legal rights to reject the Stationery you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact customer services via the contact details above for a return label or to arrange collection.
The Merchant of Record reserves the right to request proof of the faulty Stationery before authorising a return, exchange or refund.
The Merchant of Record is not required to accept a return, or correct, exchange or refund the Stationery purchased which have suffered errors or imperfections for reasons attributable to the Users, including spelling and grammar mistakes, a low resolution, a wrong design, or the wrong selection of multimedia content. When the Users have not followed the instructions provided on the Website by Hitched in the design and personalisation process nor the recommendations stated therein, this shall be considered as reasons attributable to the Users.
No Order replacements and/or refunds shall be made if they include the following differences:
Any colour differences between the item shown on their device screen and that printed on paper.
Slight colour differences compared with a previous Order.
Slight colour differences between two or more Orders.
Slight colour differences between individual sheets within an Order.
Slight colour differences between the inside and the outside.
Slight differences between the print preview and the final format.
9. PERSONALISED PRODUCTS
You do not have a right to change your mind in relation to any personalised products. For the avoidance of doubt, all Stationery purchased through the Website is considered a personalised product.
10. SUMMARY OF LEGAL RIGHTS
Hitched and the Merchant of Record are under a legal duty to promote and supply the Stationery in conformity with these Terms.
For detailed information please visit the Citizens Advice website at:
www.citizensadvice.org.uk or call 03444 111 444.
The Consumer Rights Act 2015 says goods (i.e. the Stationery) must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Stationery your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get an immediate refund.
Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
11. INTELLECTUAL PROPERTY
For the purpose of these terms:
IP: means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, 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.
Content: means all text, software, applications, graphics, visual and/or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.
Unless stated otherwise, all Contentand IP in relation to the Website is wholly owned by us or our licensors.
You may use and access the Website to the extent and purpose required for ordering any Stationery.
The Merchant of Record and Hitched own the intellectual and industrial property rights or have obtained the authorisations or licences required to operate them, associated with the Website’s domain names, trademarks and distinctive signs, the published content, the computer programs, the mobile apps and the other works and inventions contained in or related to this Website and the technology related thereto in accordance with that set out in the Website’s General Terms and Conditions of Use.
The Users shall ensure that any and all multimedia content used to personalise the Stationery does not contravene the Website’s General Terms and Conditions of Use, particularly those established in sections 2.4 and 2.5.
The Users grant us a licence to use, modify and apply the multimedia content to the Stationery, for the sole purpose of it being carried out in accordance with the arrangement made by the Users.
12. LIABILITY EXCLUSION
The Merchant of Record is 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, for example, if you discussed it with us prior to placing your Order.
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 Stationery, as summarised at above.
We are not liable for business losses. We only supply the Stationery for domestic and private use. If you use the Stationery 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.
We are not responsible for any damage or loss incurred by you when such loss or damage is caused by negligence, wilful misconduct or concealment of information by you (deliberate or otherwise).
13. PERSONAL DATA
Likewise, the Users guarantee the veracity, accuracy, lawfulness, validity and authenticity of their own Personal Data and those of third parties provided in the multimedia content and they undertake to maintain them duly updated.
14. OTHER IMPORTANT TERMS
We may transfer your contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
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.
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.
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 Stationery, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Stationery in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Stationery in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Stationery in either the Northern Irish or the English courts.