Terms and Conditions for:

Business Bespoke/Services

 

 1. About these terms:

 

i) These terms and conditions, including the details of any order you may place, set out the terms with which you can work and purchase with us.

ii) Please read these Terms carefully. These Terms provide important information, they describe how we sell our Services, set out your rights and responsibilities and inform you of what to do in the rare occurrence you may have a problem.

iii) These Terms only apply if you are purchasing Services as a Business - this means that you use Our Services for commercial, business or resale purposes.

iv)Please note that we reserve the right to update, change or replace any part of Our Terms at our sole discretion.

v) We may collect some data about your business in order to process your order (e.g. your name, email address, payment details and possibly delivery information). For information regarding how we process this data, please see our Privacy Policy.

vi) If you have any questions about these Terms, please get in touch, which can be done via Our Contact page.

 

2. Placing an order:

i) To place an order, please get in touch with our team via email or over the phone - we will be happy to help. From here, if you are a new client we can discuss your needs or if you are an existing client, we can discuss you order.

ii) Placing an order with us will act as your agreement to Our Terms and Conditions laid out here. In addition - individual contracts or additional specification documents may also be drawn up to clarify further details and obligations.

iii) We do reserve the right to refuse any order for any reason (for example, due to lack of staff availability) without justification to you, and we will notify you as soon as possible if this is the case.

iv) Our Bespoke Services are charged by the hour. In some occasions we may ask for additional fees to cover materials, such as sampling materials, but this will be discussed upon placing your order.

v) We reserve the right to alter our rates at our sole discretion with 7 days notice to pre-existing orders.

 

3. Your order:

i) If you have placed an order with us and you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order. Please note, changes to you order may result in additional fees beyond your original quote and extensions of initial timelines.

ii) By placing an order, you confirm that you are:

(a)  at least 18 years old

(b)  a registered company in the UK

 

4. Performance of the Services:

i) The Services performed by us will conform to their descriptions based on the information provided to us. This description will either be set out in our communications or, if required, provided to you separately in writing via a contact.

ii) We will provide the Services with reasonable care and skill:

iii) Our garments and products always go through careful quality control measures, but please note there may be some minor discrepancies between items due to their hand-made nature.

iv) Orders using our embroidery machine can be subject to small imperfections around dense areas of stitching. To help avoid this we will provide advice and guidance on the fabrics and styles of embroidery that are most suited to this Service. Deviation from these suggestions will be at the purchaser’s own risk.

v) We may be able to arrange embroidery services on pre-existing veils. This will be subject to sampling opportunities and timeframes. Please enquire for more information.

vi) If we have agreed to provide our Services to you based on information provided by you, you are responsible for ensuring that the information you provide is correct.

vii) While we make every effort to perform our Services to you on the performance dates and times set out in the contract details or as soon as reasonably possible, but the time of performance is not guaranteed.

viii) Sometimes we are prevented from completing your order because of something outside of our control. If there might be a delay before we can start or restart the Services, we will contact you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur because of any delay caused by circumstances beyond our reasonable control (for example, but not limited to, severe weather, accidents, unpredictable traffic/postage delays, staff absences or machine breakdowns).

ix) If the Services are delayed because of something outside of our control by more than 12 weeks, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order and get a refund of any advance payments made by you for any Services that have not yet been provided.

 

5. Price and Payment:

i) Prices for our Services may change at any time. This will not affect existing orders unless:

ii) the information you provided us in relation to your order was materially different from the information we required in order to provide the Services (for example, measurements, weights etc.)

iii) there has been an error regarding the pricing of any of our Services and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order.

iv) We will provide an invoice to the email address you provided when you placed your order and this must be paid by you within 14 days of receipt.

v) You can pay by PayPal, BACS, cheque or cash.

vi) Where you fail to pay our invoice in accordance with our Terms we shall be entitled to:

q) charge interest on any balance outstanding at the rate of 2% per year above the Bank of England’s base rate (or where the Bank of England’s base rate is less than 0%, interest shall be charged at 2% per year.

b) suspend all or part of the Services until payment has been made in full

 

6. Refunds and Cancellation Policy for

i) Services

(a) refunds cannot be provided for services that have been completed and are in line with the provided specifications.

(b) changes to your order may not always be possible and where allowed, will be subject to additional fees.

(c) If in the unlikely event that a service has significantly deviated from specification, then please get in touch with out team to discuss.

ii) Goods

i) Due to our the personalised and bespoke nature of these orders, we are unable to refund your order should you no longer require the goods that we have created, in part or whole.

ii) Orders that are being processed may be refundable if work has not been initiated.

iv) For Goods that are damaged on receipt, you must notify us in writing within 7 days of receipt of the Services/Goods and any deliverables, setting out the nature and extent of the faults or defects; we shall, at our option, remedy the fault with the Services or refund (in whole or in part) the Price you have paid for the Services.

 

8. IP:

i) You agree that we own and will remain owners of all intellectual property rights in the Services and deliverables we provide. These Terms do not grant you any rights to any intellectual property rights in the Services or in the deliverables.

ii) any designs that we produce but do not use in an order will remain property of Meg J Gardner, and designs cannot be taken to another brand or manufacturer to produce.

iii) You must not use our trademarks/names or logos on your website or in any marketing materials without our express written consent.

 

9. Supplier’s Liability:

i) We are not liable to you for any losses you incur where the Services are delayed or cannot be performed because:

(a) you fail to make information available to us or fail to provide us with adequate instructions or information to allow us to perform the Services; or

(b) you fail to make the location available to us or fail to prepare the location as required for us to provide the Services, or fail to provide us with adequate instructions or information to allow us to perform the Services.

c) you cause excessive delay or changes to your order. The timeline we disclose and agree to at the beginning of your order will be based on the information we are provided.

ii) We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach of negligence, or any business loss or damage. If we are affected by an unforeseeable event, we will promptly write to you to let you know if this means we are unable to fulfil the contract.  

iii) We are not liable to you for any losses you incur where the Services are delayed or cannot be performed because you fail to provide us with adequate instructions or information to allow us to perform the Services (for example, failure to provide measurements).

iv) Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation will not exceed the price for the Services paid by you.

v) We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:

(a) consequential, indirect or special losses; or

(b) any of the following (whether direct or indirect):

(c) loss of profit;

(d) loss or corruption of data;

(e) loss or corruption of software or systems;

(f) loss or damage to equipment;

(g) loss of use;

(h) loss of opportunity;

(i) loss of savings, discount or rebate (whether actual or anticipated); or

(j) harm to reputation or loss of goodwill.

vi) We cannot be liable for stock that does not belong to us.

vii) Where we have failed to provide you with the Services described on your order, we shall only be liable up to the limit of the price paid for the Services paid by you.

 

10.          Term and termination:

i) Our contract shall start on the date your order is accepted by us and shall go on until:

(a) all Services have been provided as per the contract details and the Price for the Services has been paid in full, in which case the contract shall expire, except in the case of re-occurring Services, which shall continue for the performance frequency noted in our contract until,

(b) you provide a termination notice provided for in the contract details; or

Our right to end the contract.

We may terminate any, and all contracts we have with you at any time by contacting you in writing if:

(c) you commit a serious breach of these Terms;

(d) you do or take part in anything illegal when purchasing our Services or Goods; or

(e) you fail to pay any amount due under these Terms.

(f) you are unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986) or you become insolvent or an order is made or a resolution passed for the administration, winding-up or dissolution of your business (otherwise than for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of the assets of the other or the other enters into or proposes any composition or arrangement with your creditors generally or any analogous event occurs in any applicable jurisdiction; or

(g) you cease or suspend, or threaten to cease or suspend, the carrying on of any part of your business.

ii) Our right to terminate does not affect any of your rights. 

 

11. Feedback:

i) We welcome any feedback about our Services. We hope that you are satisfied with any purchase you make with us, and we are always keen to hear about ways to improve our Services. If you have any comments, please let one of our team know.

ii) If you do have any complaints, please let one of our team know, and we will aim to deal with these swiftly.