CONDITIONS OF PURCHASE
1) INFORMATION ABOUT US AND HOW TO CONTACT US
a) We are E&W Couture Ltd a company registered in England & Wales no 12525813 VAT reg no. GB 335 3321 29. Our contact details are 17-21 Castle Street, Cardiff, CF101BT
b) How we may contact you. We will contact you by telephone or by writing to you at the email address or postal address you provided to us. It is your responsibility to notify us of any new contact details.
c) When we use the words “writing” or “written” in these terms, this includes emails.
2) OUR CONTRACT WITH YOU
a) When the contract comes into existence. When you have signed this contract or you have made a payment, either by way of a deposit, part-payment or payment in full of the purchase price of the products, a contract will come into existence between us.
b) If we cannot accept your order. If we are unable to accept your order, we will inform you of this, will not charge you for the product and refund any part-payment made. This might be because the product is discontinued, we have identified an error with the price or description of the product or because we are unable to meet the delivery deadline specified in your order.
c) Payments. Payments are non-refundable unless we cannot accept or fulfil your order. The payment cannot be transferred to another person or item.
3) PRODUCT DESCRIPTIONS AND MEASUREMENTS
a) Products may vary slightly from their pictures and in store samples. The images of the products in a brochure, on our website or in any other promotional materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the devices’ display of the colours or the printed pictures in a brochure or on a sample swatch accurately reflect the colour of the products. Your product may vary slightly from those images or in store samples. Our fabrics may incur slight differences when making and we will not be held responsible for differences or imperfections.
b) Making sure your measurements are accurate. Once measurements and sizing have been taken for your order, you will sign a purchase document confirming that you agree to the sizes. It is your responsibility to check these measurements and to indicate if you feel that these measurements are incorrect in any way. We will not be held responsible for any weight loss/gain or any other changes in your measurements after the product has been ordered.
c) Timing of measurements. Measurements will not be taken less than 7 months prior to the wedding unless agreed prior. We will measure each person for each order and advise on the size to be ordered. If the bride is not happy with the sizing they must inform us at the time of the order. We will not be responsible for any sizing discrepancies after this time. If a bride defers being measured to a later date it will be the customer’s responsibility to ensure that such measurements are taken in good time for the products to be ordered and delivered in time.
d) Variation requests. Orders for gowns which are non-standard (including but not limited to design changes and specific colour requests), may be subject to a surcharge which will be agreed before confirming your order. The finished measurements of special length items can vary +/- 1 inch. No liability will be taken for variations that do not work with the design chosen.
e) Guidance. Where we provide guidance in the choice of design, size, colour and measurements we do so without any liability. All dresses, unless otherwise stated are ceremonial dresses only, and are to be used for ceremonial purposes.
f) Sample and sale gowns. At the time of purchase of an ex-sample gown, we will advise of any known faults with the dress. However, it is your responsibility to inspect any sample gowns before purchase to ensure that you are happy with the condition as they are likely to have been subject to wear and tear. Sample dresses will have been tried on by other prospective customers and may have marks on them. Whilst we make every endeavour to spot clean any visible marks on the outside of the gown, we cannot guarantee that all marks will be removed. We will not clean the inside and the underside of the dress and it is your responsibility to have them cleaned prior to wear if required. Sale gowns are priced competitively due to the wear and tear on them. E&W Couture is not responsible for any cleaning, repairs or alterations required. If you would like a recommendation for additional services please speak to us.
4) PROVIDING THE PRODUCTS
a) When we will provide the products. During the order process we will let you know when we expect to provide the products to you. Unless a fixed date for delivery has been agreed in writing, we will deliver the products within a ‘reasonable amount of time’, taking account of the complexities of the production process and the location that the product is being sourced from. By way of guidance only and since most products are made to order, products can take up to 6 months to arrive and can take longer during peak periods. On occasions, the product can arrive within a matter of weeks.
b) We are not responsible for delays outside of our control. If delivery of the product is delayed in arriving with us by an event outside of 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. Provided we do this, we will not be liable for delays caused by the event, but if there is risk of substantial delay in that we cannot fulfil the contract by the date of your wedding, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
c) When you become responsible for the product. The product will be your responsibility when you collect it from us or from the date of postage if you have opted not to collect.
d) When you own the product. You own the product once we have received payment for the product. The product will be deemed as accepted by you even if you choose not to come and inspect the product.
e) Suspending supply of the product. If you do not pay us for the product when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the product until you have paid us any outstanding amount. As well as suspending the product, we can also charge you interest on any overdue payments.
5) YOUR RIGHTS TO END THE CONTRACT.
a) Changing your mind. Cancellations will be accepted for made to order gowns within 7 working days of payment if we are provided with written notice. Rush order pieces will only have a cancellation period of 24 hours of payment. You will also be liable for any remaining balance owed to us at this point. Payments for sample dresses are non refundable regardless of whether you change your mind and/or no longer require your item. You will not be entitled to an exchange or refund of products purchased and ordered from us ‘in store’. This does not affect your statutory rights.
6) OUR RIGHTS TO END THE CONTRACT.
a) We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
i) You do not make payment to us when it is due;
ii) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product;
iii) You do not, within a reasonable time, collect them from us or accept delivery if agreed prior.
b) You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6a, we will not refund any payments you have paid for the products. You will still be responsible for any outstanding balance on the order (including any loss of profit) in accordance with clause 8 below.
7) IF THERE IS A PROBLEM WITH THE PRODUCT.
a) How to tell us about problems. If you have any questions or complaints about the product, please contact us in writing within 7 days of collecting your outfit.
8) PRICE AND PAYMENT.
a) Where to find the price for the product. The price for the product will be set out on the order form. All prices include the cost of material, labour, design and VAT where applicable. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 8.c for what happens if we discover an error in the price of the product you order.
b) We will pass on changes in the rate of VAT (if applicable). If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT you pay, unless you have already paid for the product (including delivery costs if applicable), in full before the change in the rate of VAT takes effect.
c) What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at your expense.
d) When you must pay and how you must pay.
i) Ordered gowns. 50% of the price for the products must be paid at the time of ordering with the remaining 50% to be paid once at collection, first alterations appointment or prior to delivery. See clause 9 for more details about alterations and fittings.
ii) Sale/Sample Gowns. It is our policy that sale/sample gowns are paid in full and taken away on the day of purchase. These purchases are non refundable.
iii) Veils, Jewellery & other accessories. 100% of the price for the products must be paid at the time of ordering.
e) Storage Costs. We will store each dress free of charge until collection upon delivery or the final alteration appointment.
f) Storage in the event of cancellation or postponement. In the event that the wedding date is postponed or cancelled, we ask you to collect your gown within 14 days of your original collection date. If your dress remains uncollected after a period of 3 months either (i) after your wedding date (as advised on the order form); or (ii) if no date was stated on the order form, 3 months after notification of the postponement or cancellation, then we reserve the right to dispose of your dress. We reserve the right to charge storage at £1 per calendar day, starting 14 days after notification is made to you to collect your dress.
g) Additional costs. We shall charge additional costs where we are asked to provide products before their usual delivery time or where we are asked to work outside of our normal business hours, in which case we will notify you in advance.
h) We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate set by the bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment amount, whether before or after judgement. You must pay us interest together with any overdue amount.
9) ALTERATIONS AND FITTINGS.
a) Once you have paid for your order, we have fulfilled our contractual obligation to you.
b) We are happy to recommend our seamstress to you who can carry out fittings and alteration appointments at our boutique. You are not obliged to use our seamstress and the cost of any alterations is not included in the price of the product.
c) If you decide to use the services of our alterations specialist, you will be provided with guideline alteration charges at the time of collecting your dress. However, these are guidelines only and in no way serve as a maximum or minimum price. Each piece of work will be individually assessed by our seamstresses and will be charged in accordance with our pricing policy. You will be advised of the cost in advance of any work being carried out. These costs are in addition to the cost of your dress and are to be agreed by you with our seamstress.
d) Bridal gowns can usually be altered a maximum of 1 UK dress size, wholly depending upon the cut of the gown. We will advise you of what is possible with your particular gown. We will advise you if we believe that you have unrealistic expectations as to what alterations can reasonably be performed or if you are requiring alterations beyond 1 dress size. Letting out of items will be charged accordingly but not recommended as panelling will be needed and cost of fabrics will be incurred.
e) Alterations fittings will need to commence at least 6-8 weeks before your wedding date. It is your responsibility to ensure that you have booked your first fitting with our recommended seamstress or any external alterations specialist (whether recommended by us or not) sufficiently in advance of your wedding.
f) If you have chosen to use our alterations service, the payment for the works will be taken on or before collection of your outfit.
g) Alterations will require a minimum of 3 appointments at our studio. You will need to make yourself available for any extra appointments we may need to carry out alterations which must be done in store.
h) Alterations are made to the sizing of the dress you were provided with according to your measurements taken at the time of ordering. We can not guarantee the same shape or fit of the dress as any of our samples and can not guarantee any lace or fabric matching. Some pieces may change substantially according to what alterations need to be done and we will always communicate this to you as your choice of whether to go ahead before doing so.
10) BESPOKE SERVICES
We have two types of bespoke services, custom design and bespoke fittings. Both our carried out by our designer and will differ from our variations of designs provided in an ‘Initial appointment’.
For custom items, you will be able to book in for a chargeable ‘bespoke appointment’. Custom outfits start at £3800 minimum. You will meet with our designer and provide a brief or specify a design. Our designer will then provide you with 3 drawings within 4 weeks of your appointment, with suggested fabrics and costs. We will not under any circumstances copy a design. Images can be provided as inspiration only. The final price and delivery time will be agreed by both parties at this point or you can choose to not take the design any further.
Under copyright law, our drawings, images or designs may not be reproduced in any way.
A bespoke fitting service for our ready to wear designs is also available. This is chargeable at £500 on top of the tag price and involves a series of fittings where the outfit is made to you and not altered to fit.
For custom and bespoke items, we will require a series of fittings instead of being made to your measurements and altered. We will require up to 10 fittings and all must be attended if necessary. We will not release an item without having a final fitting.
Bespoke fittings will need to commence no later than 24 weeks before the wedding date. It is your responsibility to ensure that you have booked your fittings.
We will advise on fabrics and fit throughout, but will not be responsible if you are not happy with the final outcome based on choices made by you.
We will charge for unnecessary fittings a flat rate of £45 (ie if you have forgotten shoes, underwear, changed your mind on an aspect previously agreed or changed measurements)
Bespoke services are non refundable.
11) OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.
a) Liability during storage of products. In the unlikely event that customers paid-for products are lost or damaged due to fire, flood or theft, whilst on our premises we shall only be responsible for reimbursing the retail costs of such products.
b) Third party services. We shall not be responsible for any services provided by a third party, whether or not such third party was recommended by us.
c) Swatches. We are able to provide swatches of fabric however we cannot guarantee that they will exactly match your dress for colour or fabric due to differences in products.
d) We are not liable for business losses. We only supply the products for domestic or private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12) HOW WE MAY USE YOUR PERSONAL INFORMATION.
13) OTHER IMPORTANT TERMS
a) We may transfer our rights and obligations under these terms to another organisation.
b) You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
c) This contract is between you and us. No other person shall have any rights to enforce any of its terms.
d) 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.
e) 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 from taking steps against you at a later date.
f) These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.