Kajal’s Couture Ltd: Terms and Conditions
Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to.
These terms and conditions shall be available online at www.kajals.co.uk
This contract sets out:
• your legal rights and responsibilities
• our legal rights and responsibilities, and
• certain key information required by law
This contract is used for when you and we enter into a contract in the Shop. If this is not the case for you, please tell us, so that we can give you a different contract with terms which are more appropriate for you and which might, in some respects, be better for you (eg by giving you cancellation rights or rights as a business).
In this contract:
• We, us or our means Kajal’s Couture Ltd of 47 Green Lane, Northwood, Middlesex HA6 3AE (Registered in England and Wales. Company number 9024754. (‘We/Our/Us’).
• You or your means the person buying goods from us.
If you don’t understand any of this contract and want to talk to us about it, please speak with us in store or contact us by e-mail: firstname.lastname@example.org. We will respond within business hours Monday to Saturday, 10am to 6pm.
Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier (‘You’ or ‘Your’)
Force Majeure Event: has the meaning given in clause 14.
Goods: the goods (or any part of them) that are available in the Shop that are not Made-To-Measure Goods
Made-To-Measure Goods: means tailor made and specifically designed Goods according to the measurements you provide Us or when measurements are taken by Us, and includes and is not limited to garments, bridal lengas, bridal gowns, bridesmaids gowns, and grooms wear. Section 5 of the Consumer Rights Act 2015 applies to Made-to-Measure Goods and shall be treated as a ‘Sales Contract’.
Order: the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written or verbal acceptance of the Supplier’s quotation, or overleaf, as the case may be.
Shop: the Supplier’s place of business at Kajal’s Couture, 47 Green Lane, Northwood, Middlesex, HA6 3AE
Specification: any specification for the Goods, including any related plans, measurements, measurements of the clothes, fittings, agreed styles, that are agreed in writing or verbally by the Customer and the Supplier.
Supplier: Kajal’s Couture Ltd of 47 Green Lane, Northwood, Middlesex HA6 3AE (Registered in England and Wales with Company number 9024754) (‘We/Our/Us’)
1 . Introduction
1.1 If you buy goods from us you agree to be legally bound by this contract.
1.2 You may only buy goods from us for non-business reasons.
2. Information we give you
2.1 – By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically, we will do this in store before you buy the goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy (see clause 10).
Information we will give you:
We will give you information on:
• the main characteristics of the goods you want to buy
• who we are, where we are based and how you can contact us
• the total price of the goods including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
• all additional delivery charges (or where this cannot reasonably be worked out in advance, the fact that such additional charges may be payable)
• the arrangements for payment, delivery, performance, and the time by which we will deliver the goods
• our complaint handling policy
• the fact that we are under a legal duty to supply goods that are in conformity with the contract
2.2 – The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 – If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. Ordering goods from us
3.1 – Below, we set out how a legally binding contract between you and us is made:
3.1.1 – Any quotation given by us before you make an order for goods is not a binding offer by us to supply such goods.
3.1.2 – The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. We are responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
3.1.3 – The Order shall only be deemed to be accepted when we issue a written or verbal acceptance of the Order, at which point the Contract shall come into existence.
3.1.4 – These Conditions constitute the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the us which is not set out in these Conditions.
3.1.5 – Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues, website or brochures are produced for the sole purpose of giving an approximate idea of the Goods and/or Made-To-Measure Goods described in them. They shall not form part of the Contract or have any contractual force.
3.1.6 – A quotation for the Goods given by us shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.
3.1.7 – When you decide to place an Order for goods with us, this is when you offer to buy such goods from us.
3.1.8 – When you place your order with us, we will acknowledge it in the Shop verbally or by email. This acknowledgement does not, however, mean that your order has been accepted.
3.1.9 – We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:
(a) the Goods and/or Made-To-Measure Goods are unavailable
(b) we cannot authorise your payment
(c) you are not allowed to buy the Goods and/or Made-To-Measure Goods from us
(d) we are not allowed to sell the Goods and/or Made-To-Measure Goods to you
(e) you have ordered too many Goods and/or Made-To-Measure Goods
(f) there has been a mistake on the pricing or description of the Goods and/or Made-To-Measure Goods
3.1.10 – We will only accept your Order when we confirm this in the Shop upon receiving payment in accordance with these Conditions (please see clause 5 of these Conditions) or we will email you to confirm this (Confirmation E-mail). At this point:
(a) a legally binding contract will be in place between you and us, and
(b) you will collect the Goods and/or Made-To-Measure Goods from the Shop.
3.2 – If you are under the age of 18 you may buy any goods from us.
4.1 – We will let you know in the Shop or in the Confirmation E-mail (see clause 3.1.5) the estimated date and time window for delivery of the goods. We generally advise you to expect a delivery time of 112 business days (16 business weeks) from receipt of your 50% deposit of any Made-to-Measure Goods (and not from any consultation date). However, if the delivery time is expected to take longer than 112 business days then we shall advise you by Confirmation E-mail or telephone call. Time is not of the essence.
4.2 – If something happens which:
4.2.1 – is outside of our control, and
4.2.2 – affects the estimated date of delivery
we will let you have a revised estimated date for delivery of the goods.
4.3 – Collection of the Goods and/or Made-To-Measure Goods will take place when you collect them from the Shop during business hours of 10am to 6pm, Monday to Saturday, and these hours may be subject to change and at our discretion from time to time.
4.4 – We shall not permit collection of your Goods and/or Made-To-Measure Goods if we are unable to properly identify you. Please provide a member of our staff at our Shop with a form of ID (passport or photocard driving licence). If you authorise an external party to collect your Goods and/or Made-To-Measure Goods you must notify us of the person collecting these Goods by e-mail prior to any collection being made.
4.5 – You are responsible for collection of the Goods and/or Made-To-Measure Goods. In other words, the risk in the Goods and/or Made-To-Measure Goods passes to you when you take possession of the Goods and/or Made-To-Measure Goods.
4.6 – We can make deliveries to any addresses outside of the UK and we shall notify you by e-mail of the expected delivery dates and times for any Goods and/or Made-To-Measure Goods.
4.7 – We shall use any reasonable delivery provider or courier at our discretion to deliver our Goods and/or Made-To-Measure Goods. If you want information on your delivery options and costs, speak with us in store or visit our webpage before you place your order.
4.8 – We will let you know in store or in the Confirmation E-mail (see clause 3.1.10) the estimated date and time window for delivery of the Goods and/or Made-To-Measure Goods. We generally advise you to expect a delivery time of 112 business days (16 business weeks) from receipt of your 50% deposit of any Made-to-Measure Goods (and not from any consultation date) that you have ordered. However, if the delivery time is expected to take longer than 112 business days then we shall advise you on our Confirmation E-mail.
4.9 – If something happens which:
4.9.1 – is outside of our control, and
4.9.2 – affects the estimated date of delivery
we will let you have a revised estimated date for delivery of the goods.
4.10 – Delivery of the goods will take place when we deliver them to the address that you gave to us. When we have received confirmation of effective delivery of the Goods and/or Made-To-Measure Goods from the relevant delivery provider and/or courier the title and risk of the Goods and/or Made-To-Measure Goods and we shall not be held liable or responsible for any failure by a delivery agent and/or courier that has not delivered the Goods and/or Made-To-Measure Goods to you.
4.11 – We cannot deliver the goods if we are unable to properly identify you. Please provide our delivery agent with a form of ID (passport or photocard driving licence).
4.12 – Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods and/or Made-To-Measure Goods.
4.13 – If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods and/or Made-To-Measure Goods.
5.1 – We accept cash, and most credit cards and debit cards.
5.2 – If the of the Goods and/or Made-To-Measure Goods are delivered to you then your credit card or debit card will only be charged when the goods are dispatched.
5.3 – The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in our published price list in force as at the Shop or at the date of delivery.
5.4 – The estimated price or quote of any Made-to-Measure Goods as set out in any Order is a guide price and an estimate only and could be subject to decreases or increases in any final price. This is because we base our estimated price for Made-to-Measure Goods on the varying cost of embroideries and fabrics from our suppliers. You will always be made aware of any variation to any estimated prices for Made-to-Measure Goods and you warrant and accept that there may be an increase or decrease in the final cost of any Made-to-Measure Goods.
5.5 – If you cancel an Order for Goods (except for made-to-measure Goods) and we have already despatched your Goods to You or You have collected the Goods from Us, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods and/or Made-To-Measure Goods to Us in accordance with our returns policy under clause 5.15, We will have to charge you the cost of collection or You will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
5.6 – As the Made-to-Measure Goods are made to Your requirements, You will not be able to cancel your Order once made and You will not receive a refund for any Made-to-Measure Goods.
5.7 – We require a non-refundable deposit of 50% of the total price of Made-To-Measure Goods prior to Made-To-Measure Goods being produced for you and on the date of your Order of any Made-To-Measure Goods. Your Order for any Made-To-Measure Goods shall not be final until you make full payment of the 50% deposit for any Made-To-Measure Goods that you would like to order. Upon full payment of the 50% deposit, you shall receive a full payment receipt and we shall provide you with an order confirmation by e-mail within 10 working days of payment of the 50% deposit subject to receiving from you a valid e-mail address.
5.8 – The remaining payment and/or balance of any Made-To-Measure Goods shall be payable by you when your Made-to-Measure Goods have arrived in our Shop and delivered to us. We shall contact you when your Made-to-Measure Goods have arrived in our Shop. No minor alterations shall be conducted for the Made-To-Measure Goods until you make full and final payment for the Made-To-Measure Goods. Further, no Made-To-Measure Goods may be removed from the Shop until we receive full and final payment for the Made-To-Measure Goods.
5.9 – Time of payment is of the essence.
5.10 – If you fail to make any payment due to us under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
5.11 – You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by you against any amount payable by us to the you.
5.12 – All payments by credit card or debit card need to be authorised by the relevant card issuer.
5.13 – If your payment is not received by us and you have already received the goods, you:
5.13.1 – must pay for such goods within 14 days, or
5.13.2 – must return them to us as soon as possible. If so, you must keep the of the Goods and/or Made-To-Measure Goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us. If you do not return any of the Goods and/or Made-To-Measure Goods (such as where you have not paid for them) we may collect the of the Goods and/or Made-To-Measure Goods from you at your expense. We will try to contact you to let you know if we intend to do this.
5.14 – The price of the goods:
5.14.1 – is in pounds sterling (£) (GBP)
5.14.2 – includes VAT at the applicable rate
5.14.3 – does not include the cost of:
(a) delivering the goods (if you want information on your delivery options and costs, speak with us in store or visit our webpage before you place your order
5.15 – Our Returns Policy:
5.15.1 – there shall be no refund of the full price of any Made-to-Measure Goods, including any deposits made towards the purchase of any Made-to-Measure Goods;
5.15.2 – you have no right to a refund or replacement for Goods and/or Made-To-Measure Goods if you change your mind about your purchase;
5.15.3 – your rights shall be preserved under the Consumer Rights Act 2015 as explained above and you shall only receive a refund or a replacement on the following conditions:
(a) – you must present to us any valid receipts as proof of purchase of the Goods from us and we reserve the right not to provide a refund or a replacement if you fail to present to us a valid receipts as proof of your purchase of the Goods from us;
(b) – if your Goods are faulty then you must let us know within 30 days from your purchase of the Goods from us;
(c) – if your Goods cannot be repaired or replaced, then you’re entitled to a full refund in most cases within six months from your purchase of the Goods from us;
(d) – if your Goods do not last a reasonable length of time you may be entitled to some money back within six years from your purchase of the Goods;
(e) – in relation to 5.15.3 (b), (c) and (d) above, we reserve the right not to provide a refund or a replacement if it is established that you were responsible for damaging, outwearing, staining and/or tearing any Goods that you may have purchased from us.
5.15.4 – does not include the cost of:
(a) – delivering the goods (if you want information on your delivery options and costs, speak with us in the Shop or visit our webpage before you place your order
6. Nature of the goods
6.1 – The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
6.1.1 – are of satisfactory quality
6.1.2 – are fit for purpose
6.1.3 – match the description, sample or model, and
6.1.4 – are installed properly (if we install any goods)
6.2 – We must provide you with goods that comply with your legal rights.
6.3 – The packaging of the goods may be different from that shown on the site.
6.4 – While we try to make sure that all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 10% in such weights, sizes and measurements in the Goods and/or Made-To-Measure Goods
6.5 – Any goods sold:
6.5.1 – at discount prices
6.5.2 – as remnants
6.4.3 – as substandard
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
6.6 – If we can’t supply certain Good we may need to substitute them with alternative goods of equal or better standard and value. In this case:
6.6.1 – we will let you know if we intend to do this but this may not always be possible
6.6.2 – you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for
6.7 – The Goods are described in the Supplier’s catalogue, website or brochure as modified by any applicable Specification.
6.8 – The Goods are described at the Shop as modified by any applicable Specification. You accept the Goods as displayed at the Shop.
6.9 – You acknowledge and accepts that the Goods can contain delicate hand-made fabrics and certain items that are sewn on to the Goods (the ‘delicate fabrics’). We shall not be liable to you for delicate fabrics falling off the Goods before or after your purchase of the Goods.
6.10 – You acknowledge and accepts that delicate fabrics can fall off the Goods and may not remain stitched on the Goods once purchased by you.
6.11 – For Made-To-Measure Goods’:
(a) – You will choose the style, fabric, colour, embellishments and embroideries from us from a sample garment from our studio or from a picture, fabric sample, embroidery swatch, garment sample, or catalogue. All design notes made by us shall be confirmed by you verbally prior to placing your order with us. When ordering a Made-to-Measure Good, you acknowledge that you shall have good faith, trust and confidence in us to produce the Made-to-Measure Good to the specification you provide us and you warrant that we are permitted to exercise our discretion in the final production of any Made-to-Measure Good.
(b) – You acknowledge that it is your responsibility to bring your shoes and accessories that you may want to wear with the Made-to-Measure Goods with you to any measurement consultations or fitting appointments at the Shop. It is your responsibility to attend these appointments with the correct shoes, accessories, the correct size of any heels, and the correct under garment if required. We will not be held responsible or liable for any sizing or fitting errors that occur as a result of your failure to provide us with the correct information required before any Made-to-Measure Goods are produced for you or before any garment is stitched.
(c) – Once you have made payment of your 50% deposit on your Made-to-Measure Goods no changes and/or amendments can be made to the Specification and design of any Made-to-Measure Goods.
(d) – Measurements may be taken twice when you meet us at our Shop. We take one initial measurement and then take a further measurement in order to ensure the accuracy of the Made-to-Measure Goods during a period of time at our sole discretion before you collect your Made-to-Measure Goods. You shall be notified to collect the Made-to-Measure Goods from the Shop following any final measurements.
(e) – Please make sure your measurements are correct and accurate. Please make sure that you agree with any measurements that we take for you prior to your purchase of the Goods. Unfortunately, we cannot accept the return of Made-To-Measure Goods if the reason for the return is because you provided us with incorrect measurements or Specifications or if you were not satisfied with the measurements or Specifications we had taken from you.
(f) – It is not our policy to alter Made-to-Measure Goods by any more than one dress size as this could adversely affect the style and look of the Made-to-Measure Goods. If you decide to take it by more than one dress size, you do so at your own risk. Further, letting out of Made-to-Measure Goods more than one dress size is also not advisable, and is at your risk should you decide on this requirement for your outfit.
(g) – If you have a significant change in size, height, weight, and/or body shape following the payment of your 50% deposit of your Made-to-Measure Goods, it is your responsibility to inform us as soon as possible of any significant changes. However, after you have placed your order, paid your 50% deposit, and we have taken your measurements, we shall not not accept any responsibility for poor fitting resulting in respect of any changes which may have occurred in your size, height, weight or and/or body shape.
(h) – We reserve the right not to provide copies of design notes or the designer’s order forms to you as these are strictly for the designers.
(i) – If at time of fitting your Made-to-Measure Goods any minor alterations are required to adjust to your sizing, we may at our sole discretion offer you one complimentary tailoring service for no consideration. However, this tailoring service shall only be for one minor adjustment and if you require or request further alterations, any major alterations or fitting services we reserve our right to charge you for this service. Fittings and alterations works may be carried out by any professional tailor available and you are not obliged to use our tailoring services.
(j) – You warrant that any advice taken from our staff at the Shop shall be taken at your own risk. We shall not accept any responsibility for negligent advice or any alterations that may be deemed to be unsatisfactory regarding your Made-to-Measure Goods.
(k) – You warrant and accept that all appointments and fittings shall take place at our Shop and it is your responsibility to be available and attend our measurement consultations when we reasonably require you to attend and you accept that you shall be prepared to attend more than one measurement consultation. We shall provide you with our availability in advance of any measurement consultation and agree with you a date and time for this measurement consultation. All measurement consultations shall be held during our business hours from 10am to 6pm, Monday to Saturday.
(l) – You acknowledge that any garments for Made-to-Measure Goods may arrive to the Shop with some embellishments yet to attach. These items include latkans (decorative beading) and any extra beading that may be at risk of damage whist in courier from our workshops. These items are sent separately in order to avoid damage or breakages to delicate elements whilst in transit and courier. These elements can be added by our trained staff at the Shop. When you attend for fitting it is possible that these elements may not have been attached yet. This in no way deems the garment unfinished and is our standard practice in ensuring that the garments you may have ordered are treated with care.
(m) – If you decide that you do not require our one complimentary tailoring service in our Shop and that you wish to use the services of another or an alternative tailor, you must inform us as soon as possible. We shall not be held responsible or liable for alterations to your Made-to-Measure Goods that are not completed by us.
(n) – We cannot guarantee that your Made-to-Measure Goods will completely match any specification, sample, fabric swatch, thread swatch, colour chart or embroidery swatch or such used for reference during the measurement consultation. We aim to provide you with at least a 90% likeness to your agreed specification of the Made-to-Measure Goods.
(o) – You acknowledge that fabric suppliers continually change and replenish their materials available and we cannot guarantee that the your exact chosen fabrics or raw materials will be available. In this event, we shall take all practicable steps and exercise our absolute discretion in choosing the closest match in raw materials available. Any swatches and samples should be taken as a general indication only.
(p) – The majority of our fabrics are dyed by hand in order to create the customer’s chosen colour. You acknowledge and accept that you will have chosen your colour shade for any Made-to-Measure Goods with us from a material swatch, sample or shade card. Due to the nature of the dying process, we cannot guarantee that we can recreate the exact shade every time, and a slight variation in tone is likely to occur. You acknowledge and accept that due to the process of the manufacturing and natural drying processes of any Made-to-Measure Goods a variation in colour shade is possible.
(q) – Embroideries created by us are all created by hand and you acknowledge and accept that variations in embroideries are likely to occur during the embroidery process, including but not limited to variations in any size and scale, thread colour, type of threads used, placement and positioning of any Made-to-Measure Goods.
(r) – We are unable to guarantee fabric swatch matches with in store garments or samples due to fabric changes, availability and the natural dyeing process. All swatches and samples should be regarded as indication only. This applies to all fabrics, laces, beading, embroideries and any other trimmings or embellishments.
6.12 – For the collection, care and storage of Goods and/or Made-To-Measure Goods:
(a) – On collection of the Made-to-Measure Goods, you shall be asked to sign a disclaimer that states that your Made-to-Measure Goods have been designed to the your specification as discussed with the designer at the time of consultation and order and that you accept any minor variations that may have occurred.
(b) – We cannot accept responsibility for any damages, alterations, adjustments, and/or wear and tear that may occur once your Goods and/or Made-to-Measure Goods has left our Shop and is in your possession and ownership and this includes but is not limited to the mishandling that may result of any zips, fastenings, embellishments, embroideries, delicate fabrics and colours. We shall provide you with verbal instructions upon collection of your Goods and/or Made-to-Measure Goods as to the handling, storage and care of these Goods and/or Made-to-Measure Goods. We shall not be held responsible for the your failure to follow our verbal advice as to the storage, installation, and maintenance of any Goods supplied to you.
(c) – We are not obligated to carry out repairs required for any damage, breakages, stains, tears, mishandling or any other incidents that alter the original structure of our Goods and/or Made-to-Measure Goods after you have purchased our Goods and/or Made-to-Measure Goods. The risk and title of any Goods and/or Made-to-Measure Goods shall pass to you on completion of full payment. These terms and conditions shall be emailed to you at the time of your order and deposit payment, subject to you providing us with a valid email address.
(d) – You shall be verbally advised as to the best way to handle any zips and fastenings when wearing and removing your Goods and/or Made-to-Measure Goods. You accept that your Goods and Made-to-Measure Goods is heavier than a ‘normal’ everyday garment and you should exercise due care when handling zips and fastenings.
(e) – You acknowledge and accept that our Goods and Made-to-Measure Goods are highly delicate and are hand made garments and that you should exercise special care and attention when receiving them. In particular, any embroideries, hand embellishments and delicate fabrics should be treated with special care and attention when handling and wearing the Goods and/or Made-to-Measure Goods. You acknowledge and accept that our Goods and/or Made-to-Measure Goods should not in any way be treated as a ready to wear or high street garment and should not be compared as such.
(f) – You acknowledge and accept that our Goods and Made-to-Measure Goods shall be made from fabrics such as silks and delicate chiffons which, if due care and attention is not taken by you, can be prone to snagging, catching, and pulling. We shall pack the Goods and/or Made-to-Measure Goods in a suitable manner for you and will verbally advise you on how you should store your Goods and/or Made-to-Measure Goods. We shall not be responsible for or liable for how you store or handle your Goods and/or Made-to-Measure Goods once they have been purchased from us and we shall not be held responsible or liable for any mishandling of the Goods and/or Made-to-Measure Goods which results in damage whilst the Goods and/or Made-to-Measure Goods is in your possession.
7. Faulty goods
7.1 – Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
7.1.1 – speak with us in the Shop
7.1.2 – contact us using the contact details at the top of this page, or
7.1.3 – visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06
7.2 – Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
8. End of the contract
8.1 – If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
9. Limit on our responsibility to you (Limitation of Liability)
9.1 – Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
9.1.1 – losses that:
(a) – were not foreseeable to you and us when the contract was formed
(b) – that were not caused by any breach on our part
9.1.2 – business losses
9.1.3 – losses to non-consumers
9.2 – We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
10.1 – We will try to resolve any disputes with you quickly and efficiently.
10.2 – If you are unhappy with:
10.2.1 – the goods
10.2.2 – our service to you
10.2.3- any other matter
please contact us as soon as possible.
10.3 – If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
10.3.1 – let you know that we cannot settle the dispute with you, and
10.3.2 – give you certain information required by law about our alternative dispute resolution provider which is run by Kishan Bhatt at the London Law Practice Ltd
10.4 – If you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
11. Third party rights
11.1 – No one other than a party to this contract has any right to enforce any term of this contract
12. Title and Risk
12.1 – The risk in the Goods or Made-To-Measure Goods shall pass to the Customer on completion of delivery or upon collection by the Customer of the Goods or Made-To-Measure Goods from the Shop.
12.2 – Title to the Goods shall not pass to the Customer until: the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and
12.3 – Until title to the Goods and/or Made-To-Measure Goods has passed to you, you shall:
(a) – store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
(b) – not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) – maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery or collection;
(d) – give us such information relating to the Goods as we may require from time to time.
12.4 – If before title to the Goods passes to you, then, without limiting any other right or remedy we may have:
(a) – your right to resell the Goods and/or Made-To-Measure Goods or use them in the ordinary course of its business ceases immediately; and
(b) – we may at any time:
(i) – require you to deliver up all Goods and/or Made-To-Measure Goods in its possession which have not been resold, or irrevocably incorporated into another product; and
(ii) – if you fail to do so promptly, enter your premises or of any third party where the Goods and/or Made-To-Measure Goods are stored in order to recover them.
13.1 – A waiver of any right or remedy under these Conditions or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
16. Governing Law
The Contract, and any dispute or claim arising out of or in connection with it 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.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).