Freja Designer Dressmaking – T&Cs Agreement

Freja Designer Dressmaking

1. THESE TERMS:

1.1 These are the terms and conditions for which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and us may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Freja Designer Dressmaking a sole trader. Our company is registered at 75-79 Cumberland Street, Edinburgh, EH3 6RD. Our registered VAT number is 905 38 22 35.
2.2 You can contact us by telephoning us on number 0131 556 5407 or by writing to us at enquiries@freja-fashion.co.uk or our postal as address above.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3. OUR CONTRACT WITH YOU

3.1 Our acceptance of your order will take place when you pay 50% deposit and sign our Terms & Conditions. We will then confirm that we are able to provide you with the product and service, at which point a contract will come into existence between you and us. Your deposit is non- refundable.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product and service. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

4. OUR PRODUCTS

4.1 The images for inspiration and the sketches we provide of the products are for illustrative purposes only. Although we have made every effort to display the colours accurately, most of our fabrics are produced in small production units and small variations to the shade card can happen. Your product may vary slightly from those images, but we will always do our best to source the closest match.
4.2 If we are making your garments to the measurements, we have taken at our initial contact. We cannot accept responsibility for changes that occur to the client’s body shape, size or height. If your weight varies up or down this will affect your dress, and any alterations in this regard may incur additional cost, Please therefore make us aware at the earliest opportunity if you think this may be an issue for you.
4.3 Garments are made to fit with your specific underwear, shoes and accessories, therefore it’s mandatory to bring these to the fittings. If underwear and heel heights are changed, it may change the garment and we may have to charge extra to accommodate any changes.
4.4 Removal of the garments from the premises confirms your satisfaction with the garment and you should therefore check it thoroughly at this point. No responsibility can be accepted by Freja Designer Dressmaking after the garment has left the shop and any changes following must be paid for.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 Please be aware that we assign a lot of time to your fittings. Please communicate with us during this. It is much easier to experiment with different options and different solutions while we are together. That is what the fittings are about. It is difficult to make changes to your garment from emails and phone calls after the fitting requesting changes. We rarely feel comfortable changing things over the phone, and if you require an extra appointment to go over things again, we will charge £40. Please make sure you know what is happening and you are happy with it all before leaving from your appointment.
5.3 When we take your order, we will note your deadline and work towards that. If you have changes to your deadline, you must inform us as soon as possible, and we will do what we can to accommodate that, we just cannot guarantee we can accommodate. Please be sure we will do our best.

6. PROVIDING THE PRODUCTS

6.1 We will hand over the product to you at latest the date we have agreed.
6.2 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will do all in our power to honour your deadline.
6.3 If you do not collect the products from us as arranged, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and payment will be due in full.
6.4 You will take full ownership the products once we have received payment in full.
6.5 If you do not pay us for the products when agreed (see clause 10.3) and you still do not make payment within 7 days of us, reminding you that payment is due, we may suspend the supply of the products until you have paid us the outstanding amounts.

7. YOUR RIGHTS TO END THE CONTRACT

7.1 You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but we will charge you for doing this, as described below. Of course, you always have the right to end the contract where a product is faulty or misdescribed.
7.2 If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) There is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) You have a legal right to end the contract because of something we have done wrong.

8. OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract for a product at any time by writing to you if:
(a) You do not make payments to us as specified in 10.3
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) You do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
8.2 If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products 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.

9. IF THERE IS A PROBLEM WITH THE PRODUCT

9.1 If you have any questions or complaints about the product, please contact us at your earliest convenience. You can telephone us on 0131 556 5407 or write to us at enquiries@freja-fashion.co.uk .

10. PRICE AND PAYMENT

10.1 The price of the product (which includes VAT) will be the price set out in our initial quote to you unless additional costs have been incurred by you.
10.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 We accept payment by BACS, Mastercard and VisaCard and PayPal. 50% of the cost of the garment must be paid in the non-refundable deposit. 25% of the balance must be paid at the fabric fitting. The balance will then have to be paid at the pick-up or the original due date, which ever is sooner. (if paying by BACS it must have cleared before picking up)
10.4 If you think an invoice is wrong, please contact us promptly to let us know.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 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.
11.2 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; for breach of your legal rights in relation to the goods and for defective products under the Consumer Protection Act 1987.
11.3 If we are doing fittings of our products or services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1 We will only use your personal information as set out in our privacy policy: LINK TO PRIVACY POLICY.

13. OTHER IMPORTANT TERMS

13.1 This contract is between, the person responsible for paying for the garment, and us. No other person shall have any rights to enforce any of its terms.
13.2 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.
13.3 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.

These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts.