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Terms & Conditions

 

Terms and Conditions of Business for Mail/Internet Order Service

  1. Elaine Davis provides a couture service making custom garments to your instructions. You are contracting with us for our services.
  2. The initial consultation (conducted over the phone, by email, post, and online) is free of charge and there is no obligation on you to commission any work. We reserve the right to apply a design charge in respect of any designs prepared on your behalf and submitted to you in the event of the designs not being commissioned
  3. Commissioning work:
    1. No work will commence on any item until we receive from you a signed copy of this document (or electronic confirmation of acceptance of these Terms and Conditions as detailed on our website together with the requested (full or deposit) payment.
    2. Payment will confirm your acceptance of these Terms and Conditions.
    3. For our mail order service, we usually request payment in full in advance but in some cases, at our discretion, we may request only a deposit (particularly with established customers).
    4. Payments/ Deposits are non-refundable once fabrics and/or components have been ordered but may be refunded in the event of cancellation of order prior to this, subject to the deduction of any expenses/costs incurred by us.
  4. Quotations:
    1. Information made available to us at the time of quotation is the sole basis for the creation of the quotations and the quotations are subject to change if there are any errors or omissions in this information.
    2. Later changes to your instructions may require extra work and so incur additional charges.
    3. Our quotations are valid for 30 days from date of issue unless otherwise noted.
    4. Quotations do not include carriage cost of final despatch of completed garments to you unless otherwise stated.
    5. We conduct business in sterling only.
    6. We are not VAT registered and do not charge VAT.
    7. We will not be liable for any import tax incurred at port of entry and/or by Customs. (Quotations do not include any of these costs.)
  5. Deadlines:
    1. We will endeavour to meet deadlines if you tell us about them at the initial consultation and you co-operate fully in terms of making decisions quickly and making yourself available for fittings. 
    2. We shall not be liable for any default due to any act of God or other event beyond our reasonable control.
    3. Acceptance of urgent work is at our discretion, and we will do it on a best endeavours basis and the work will attract a premium charge. 

       

  6. Measurements:
    1. We will require you to provide detailed and accurate measurements for any close fitting garments; we will provide you with a form to complete and guidance on this. You will need help to take the measurements. You cannot do it on your own. Please take extra care to ensure accuracy as we tailor garments for each customer and we will not accept returns because of incorrect measurements supplied by customers.
    2. Where a weight loss plan, pregnancy or illness/recovery is a factor, please let us know so that we may plan your garment(s) appropriately.
    3. We cannot guarantee a perfect fit of mail order garments. (We urge you to visit us to be measured and for fittings if at all possible.)
  7. Fittings by mail:
    1. For the more complex garments, we will agree with you whether or not fittings by mail will be required. This is unlikely to be necessary.
    2. We will provide guidance on fitting.
    3. You will need someone to assist you. If they are able to pin garments this will be especially helpful.
    4. It will be beneficial if you are able to provide photographs (printed or digital) showing the fit. (This is required if the garment is not pinned.)
    5. The costs of carriage for fittings is not included in the price quotation and you will be asked to pay this in addition to the other costs.
    6. We do not offer a fittings by mail service to customers outside of the <country-region><place>UK.
  8. Materials & Components:
    1. Where you supply, materials or components, it is your responsibility to ensure that they are fit for the intended purpose. We reserve the right to refuse to work with unsuitable materials and bear no responsibility for any defects or faults with such fabrics/components that may occur.
  9. Repairs, Alterations & Renovations: We cannot agree to carry out repairs, alterations or renovations to new or pre-worn garments not made by us without prior having sight of such garment(s). Any such repairs, alterations and/or renovations are carried out entirely at the customers own risk and we cannot guarantee a successful outcome. We cannot accept any responsibility for any damage to garments and/or fabrics/components which may occur during alteration and customers will be asked to sign a disclaimer prior to the commencement of this type of work.
  10. Despatch or Collection & Payment:
    1. Please respond to a request for payment and despatch within two weeks; we will start to charge you for storage at £5per week after two weeks.
    2. Payment in full is required (cleared funds) before the garment(s) may be collected or despatched.
    3. Part payment may be required at fitting stage if an order is exceptionally large, there is to be deferred completion or we have difficulty contacting you for a fitting.
    4. For large orders, we may ask for payment by instalments. We will require the final instalment before collection or despatch of the garment(s).
    5. Payment is accepted by any one or combination of the following means:
      1. Direct Bank Transfer
      2. Bankers Draft
      3. Cheque with guarantee card or cleared prior to delivery
      4. Online by  PayPal (subject to surcharges)
    6. We despatch all garments for UK Delivery by Royal Mail Special Delivery which will require a signature upon receipt. This service includes insurance for loss or damage and P & P will be charged accordingly.
    7. International Orders will be despatched either by UK Royal Mail and where possible will be sent signed for and to include insurance. Please note that this service is not available to all countries and it may be necessary to use the normal Airmail postal service which has no means of tracking or insurance. P & P will be charged accordingly. Alternatively at the request of the customer goods can be despatched via Courier service. Insurance for this service is available and if required will be charged at cost.
    8. We cannot accept liability for loss or damage to any items arising from loss or damage in transit.
    9. We will not accept liability for any loss or damage arising from any act of war, riot, act of God, civil disorder, military or usurped power by government/sovereign direction or legislation, fire, flood, accident, industrial action, weather or any other matter beyond our control.
    10. We will not accept liability for late arrival of goods, which can be attributed to the carrier. Although we will make every effort to deliver within 30 days or any other quoted delivery date, such dates do not amount to contract and we will not be liable to the customer for any loss whether consequential or incidental if delivery of goods is delayed for whatever reason.
  11. Custom Made Garments:
    1. You should ensure that you are happy that the garment(s) are as ordered at the time of collection or delivery.
    2. Custom Made Goods are NOT supplied on a trial basis, so please be sure that you order the correct item(s) and confirm suitability before ordering. Material, style and colour choices are very personal and the garment will be made according to your instructions as set out on our Sales Order Form and/or Design Specifications.
    3. Unless you notify us within 3 days of collection or delivery of any alleged defect or failure to comply with instructions, it shall be conclusively deemed that the garments have been made in accordance with your instructions, are free from any defect and that you have accepted them.
    4. Before you return your item(s), you must first contact us for a return authorization.
    5. If your garment has a defect or if we have failed to comply with your instructions and you return it to us in it's original packaging and in same new condition as shipped, we will repair, carry out alterations or replace (at our discretion) the item at no extra charge.
    6. We are not responsible for the carriage fees of any item where the item is not defective. We will be happy to refund the cost of carriage paid on returns if the return is a result of an error on our part.
    7. We cannot accept returns and do not offer refunds on any items custom made to a customer's specific order and personalized size requirements, embroidered items or special order garments other than defective or faulty items.
    8. Allow 30 days for any refunds.
    9. We will endeavour to make good faults or replace items within three months of return of goods. We reserve the right to decline to provide replacement or repaired items to you and instead refund any monies you have paid to us.
  12. Ready Made & Pre-Worn Garments:
    1. These are supplied on a 7 day sale or return basis.
    2. If the garment is not suitable for any reason whatsoever it should be returned to us in an unworn/undamaged condition and in its original packaging within seven days
    3. Subject to 2. above a full refund of the purchase price excluding any delivery charges will be made.
    4. In the event of any damage we reserve the right to deduct the cost of repair of such damage from the purchase price.
    5. Items should be returned by Special Delivery including insurance as we can bear no responsibility for loss or damage in transit.
  13. All other warranties, whether express or implied, by statute or otherwise are excluded to the fullest extent permitted by law
  14. In the event of any breach of contract, your remedies shall be limited to damages and under no circumstances shall our liability exceed the price of the garment(s) made by us and, if not included in the price, the cost of the materials (excluding delivery charges).
  15. Such Contract between us shall be treated as though it were executed and performed in the United Kingdom and shall be governed by and construed in accordance with the laws of the United Kingdom. Any cause of action of the Customer with respect to the website or services ordered from Elaine Davis must be instituted within six (6) months after any purchase or be forever waived and barred.  All actions shall be subject to the limitations set forth in the terms and conditions as provided in this document. The language used herein shall be interpreted as to its fair meaning and not strictly for or against any party.  All legal proceedings arising out of or in connection with this Contract shall be brought solely in the <country-region><place>United Kingdom and the Customer expressly submits to the jurisdiction of said courts and the Customer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website or Elaine Davis is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Elaine Davis to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. Nothing in this contract should be deemed to remove any of your statutory rights as a consumer.

Terms and Conditions of Business for Personal Service

  1. Elaine Davis provides a couture service making custom garments to your instructions. You are contracting with us for our services.
  2. The initial consultation is free of charge and there is no obligation on you to commission any work. We reserve the right to apply a design charge in respect of any designs prepared on your behalf and submitted to you in the event of the designs not being commissioned.
  3. Commissioning work:
    1. No work will commence on any item until we receive from you a completed and signed copy of our Sales Order Form and this document together with the requested deposit payment.
    2. Payment of the deposit will confirm your acceptance of these Terms and Conditions.
    3. Deposits are non-refundable once fabrics and/or components have been ordered but may be refunded in the event of cancellation of order prior to this, subject to the deduction of any expenses/costs incurred by us.
  4. Quotations:
    1. Information made available to us at the time of quotation is the sole basis for the creation of the quotations and the quotations are subject to change if there are any errors or omissions in this information or additional fabrics and/or components are required.
    2. Later changes to your instructions may require extra work and so may incur additional charges.
  5. Deadlines:
    1. We will endeavour to meet deadlines if you tell us about them at the initial consultation and you co-operate fully in terms of making decisions quickly and making yourself available for fittings. 
    2. We shall not be liable for any default due to any act of God or other event beyond our reasonable control.
    3. Acceptance of urgent work is at our discretion, and we will do it on a best endeavours basis and the work may attract a premium charge.
  6. Measurements:
    1. We will take a complete set of measurements at the time of order and we will make the garment(s) according to them.
    2. Where a weight loss plan, pregnancy or illness/recovery is a factor, please let us know so that we may plan your garment(s) appropriately.
  7. Appointments:
    1. We see clients by appointment only.
    2. Please bring appropriate underwear/shoes to fitting appointments. The fitting may not proceed otherwise, resulting in extra charges.
    3. Appointments last up to an hour from the appointment time. Longer appointments may apply for the fitting of multiple garment orders.  Most fittings take under 30 minutes.
    4. Please telephone in advance to cancel appointments; missed or late appointments may incur extra charges. 

       

  8. Materials & Components:
    1. Where you supply, materials or components, it is your responsibility to ensure that they are fit for the intended purpose. We reserve the right to refuse to work with unsuitable materials and bear no responsibility for any defects or faults with such fabrics/components that may occur.
  9. Repairs, Alterations & Renovations: We cannot agree to carry out repairs, alterations or renovations to new or pre-worn garments not made by us without prior having sight of such garment(s). Any such repairs, alterations and/or renovations are carried out entirely at the customers own risk and we cannot guarantee a successful outcome. We cannot accept any responsibility for any damage to garments and/or fabrics/components which may occur during alteration and customers will be asked to sign a disclaimer prior to the commencement of this type of work.
  10. Fitting, collection & payment:
    1. Please respond to a request for fitting or collection within two weeks; we may start to charge you for storage at £5 per week after two weeks.
    2. Payment in full (cleared funds) is required before the garment(s) may be collected or despatched.
    3. Part payment may be required at fitting stage if an order is exceptionally large, there is to be deferred completion or we have difficulty contacting you for a fitting.
    4. For large orders, we may ask for payment by instalments. We will require the final instalment before collection or despatch of the garment(s).
    5. Payment is accepted by any one or combination of the following means:
      1. Direct Bank Transfer
      2. Bankers Draft
      3. Cheque with guarantee card or cleared prior to delivery
      4. Online by  PayPal (subject to surcharges)
  11. Custom Made Goods: Are NOT made or supplied on a trial basis, so please be sure that you order the correct item(s) and confirm suitability at the time of ordering. Material, style and colour choices are very personal and the garment will be made according to your instructions as set out on our Sales Order Form and/or Design Specifications.  Acceptance of our terms and conditions constitutes your agreement to pay for the items in full on completion. We do not offer refunds on custom made to measure dresses other than in the event of a defect or our failure to comply with the instructions as set out in the Order Form and/or Design Brief.
  12. Ready Made & Pre-Worn Garments: Are sold as seen and tried at the point of sale. Payment in full (cleared funds) will be required at the time of collection/delivery and this implies your acceptance of the garment as seen and fitted subject to any minor alterations which may be agreed. Returns cannot be accepted other than in the event of a defect.
  13. You should ensure that you are happy that the garment(s) are as ordered at the time of collection or delivery.  Unless you notify us within 3 days of collection or delivery of any alleged defect or failure to comply with instructions, it shall be conclusively deemed that the garments have been made in accordance with your instructions, are free from any defect and that you have accepted them.
  14. All other warranties, whether express or implied, by statute or otherwise are excluded to the fullest extent permitted by law
  15. In the event of any breach of contract, your remedies shall be limited to damages and under no circumstances shall our liability exceed the price of the garment(s) made by us and, if not included in the price, the cost of the materials (excluding delivery charges).
  16. Such Contract between us shall be treated as though it were executed and performed in the United Kingdom and shall be governed by and construed in accordance with the laws of the United Kingdom. Any cause of action of the Customer with respect to the website or services ordered from Elaine Davis must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the terms and conditions as provided in this document. The language used herein shall be interpreted as to its fair meaning and not strictly for or against any party.  All legal proceedings arising out of or in connection with this Contract shall be brought solely in the <country-region><place>United Kingdom and the Customer expressly submits to the jurisdiction of said courts and the Customer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website or Elaine Davis is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Elaine Davis to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. Nothing in this contract should be deemed to remove any of your statutory rights as a consumer.










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