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| Terms and Conditions |
1. DEFINITIONS
1.1 "Buyer" means the individual consumer that buys or agrees to buy Goods and Services from the Seller.
1.2 "Consumer" shall have the meaning ascribed in section 12 of the United Kingdom Unfair Contract Terms Act 1977.
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of bespoke Goods incorporating these Terms and Conditions.
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller.
1.5 "Seller" means Sherwani Studio, and all brand names, third parties & sub-contractors representing them.
1.6 "Price" means the charge for Goods and Services provided, specified as "Grand Total" in the Checkout Form
1.7 "Receipt" means the document prepared by the Seller and given to the Buyer, setting out payment for the Goods ordered, recording and evidencing contractual terms relating to the agreement.
1.8 "Services" means the procurement of Goods for the Buyer by the Seller as specified in the Checkout form.
1.9 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. CONDITIONS
2.1 All contracts of sale for Goods made by the Seller shall be deemed to incorporate these Terms and Conditions, which shall prevail over any other document or communication from the Buyer with whom the Seller is dealing.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 All orders are accepted and fulfilled subject to these conditions of sale, unless otherwise varied by agreement in writing.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless explicitly agreed in writing by the Seller.
3. ORDERS FOR GOODS
3.1 Goods are provided in accordance the Buyer`s preference and selection and in accordance with the measurements as detailed in the Checkout Form.
3.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.3 Where the Goods are not available from stock, the Buyer acknowledges that the order instantly becomes classified as a made to measure order, which may take up to 45 working days to fulfil, subject to availability of the relevant fabric and other items required for the manufacture of the complete garment.
3.4 Website images, photographs, descriptions and other literature relating to the Goods and/or Services are for guidance only. The Seller reserves the right to supply the Goods subject to minor variations in published specifications without prior notice.
3.5 The Buyer understands and accepts that slight variations in weave, fabric, embroidery, style, colours, patterns, sizes or design from samples, stock items or catalogue items may occur on Goods ordered.
3.6 The Seller shall use reasonable endeavours to meet relevant response times and will fulfil its commitment to the best of its abilities. The Buyer agrees that the Seller shall not be liable for any direct, indirect or consequential loss(es) occurring as a result of the Seller`s failure to meet relevant response times.
3.7 Consumers must provide full and accurate information in the Checkout Form.
3.8 Customs duties and other levies in the destination country are the sole responsibility of the Buyer in respect of delivery of orders.
4. PRICE & PAYMENT TERMS
4.1 The Price of the Goods and Services shall be that stipulated by the Seller on their website, on relevant product pages and in the checkout form at the time of ordering.
4.2 The total purchase price specified as the "Grand Total", including VAT and delivery charges, if any, will be notified to the Buyer at the time of confirming the order.
4.3 Goods and Services shall be charged at the prices ruling at the time of making the order to incorporate the named articles of the order, as specified in the Checkout Form. Subsequent changes or additions to the order specification or articles will incur additional charges.
4.4 Payment and any relevant delivery charges must be made in full before Goods can be despatched to the Buyer.
4.5 Payment shall be deemed to be received only when the full amount of the value of the Goods (i.e. the "Grand Total") has been credited to the Seller`s bank account without recourse or when the Seller has received the full amount in cash or by credit card, debit card or cheque.
5. RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the Price and specification of any item on the Seller`s web site www.sherwanistudio.com at its discretion.
5.2 The Seller reserves the right to withdraw any Goods from the web site at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from stock or from the web site or for refusing to process an order.
5.4 The Seller reserves the right to take a photographic image of the Goods and to display the image on a web site and to publish the image at its discretion.
6. WARRANTY
6.1 Purchased Goods once worn or deemed to be worn by the Seller are non-returnable. No guarantee is given for "embroidered" Goods. Without proper storage and care, goods may deteriorate.
6.2 Payments for Goods and Services are non refundable unless the Goods are deemed to be faulty when manufactured and unfit for wear.
6.3 While every effort shall be made to accurately reproduce articles in accordance with photographs, images, descriptions and other literature, the Buyer accepts there may be minor variations in the fabric or the embroidery or colours or patterns of the Goods because of the nature of the weave, or dyes or handcraft for which the Seller accepts no responsibility.
7. DELIVERY
7.1 All Goods will normally be available for collection or will be delivered within 45 working days of receipt of order.
7.2 The Seller shall use its reasonable endeavours to meet any delivery date specified by the Buyer. In the event that the time of delivery cannot be met, the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.3 Delivery of the Goods shall be made to the Buyer`s address specified in the Checkout form and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.4 Title and risk in the Goods shall pass to the Buyer upon despatch of the Goods and after full payment has been made by the Buyer to the Seller for those Goods.
9. CANCELLATION & RETURN
9.1 Since under normal circumstances orders are processed on the same day as receipt of the Buyers order, the Seller reserves the right not to accept cancellation of orders.
9.2 Where cancellation is accepted, the Seller reserves the right to an indemnity from the Buyer in full for costs incurred.
9.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 2 working days of delivery if the Goods are found to be unfit for wear. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.4 Because all Goods are custom-made or made to measure, refunds or exchange cannot be entertained, unless the Goods are deemed to be faulty when manufactured and unfit for wear.
10. LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
10.2 The Seller shall under no circumstances be liable for any direct, indirect or consequential loss however caused as a result of the Goods and Services supplied.
11. WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
12. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13. ASSIGNMENT
The Seller may sub contract any of its obligations under the agreement to a competent third party. Except for this neither party shall assign or transfer any of its rights or obligations.
14. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15. CHANGES TO TERMS & CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. But this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase or placing an order.
16. GOVERNING LAW & JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. |
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