130 ATELIER LIMITED
TERMS AND CONDITIONS
130 Atelier Limited Terms and Conditions
1. These terms
Please read these terms carefully before you sign an Order Form. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are 130 Atelier Limited a company registered in England and Wales. Our company registration number is 12860855 and our address is 11 High St, Congleton, Cheshire, CW12 1BN.
2.2 How to contact us. Our contact details can be found on our website www.130atelierbridal.co.uk
2.3 How we may contact you. 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 Form.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Your Order and Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, 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.
3.3 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. Price and payment
4.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order and this is the price that should be shown on your Order Form unless we have agreed another price in writing. We take all reasonable care to that the price of product advised to you is correct. However please see clause 4.4 for what happens if we discover an error in the price of the product you order.
4.2 When you must pay and how you must pay. On the date you place your order you must make an advance payment of 50% of the price of the product, and we cannot accept your order until this payment is made. You must pay the remaining 50% on or before your fitting date and we cannot allow you to collect the product until the total price for the product has been paid in full. We accept cash payments and most credit and debit cards.
4.3 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 8% a year above the base lending rate of 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 of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.4 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 by reducing the final amount you need to pay on your fitting date. If the product's correct price at your order date is higher than the price stated in our price list, 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 unmistakeable and could reasonably have been recognised by you as a mispricing error, we may end the contract and refund you any sums you have paid.
5. Our products
5.1 Sizing. Whilst our products are bespoke and handmade, our products are made to standard sizing and are not made to fit you specifically. We offer a measurement service in order to suggest the best size to order based on size charts provided by the product’s designer. Although our designers will make every effort to be as accurate as possible, but because our products are handmade, the dimensions and measurements of the final product will have a slight variance to the standard sizing. This variance should be slight and within the tolerance that is generally accepted in the industry, but if it is outside of those tolerances we will (at our cost) seek to rectify this by asking our designers to make the necessary alterations as quickly as possible.
5.2 Products may vary slightly from the sample dress. The sample dress you try on at our studio may have been tried on in its life on our showroom floor. The fabrics and seam tension will naturally have loosened the fit of the sample garment. You should not base your final order on this fit. Your order should be placed purely on your measurements taken on the date of order. There may also be other minor variations in the finish of the final product, as for example, there may be slight variances to the colour or shade of the fabric and/or the feel and pattern of silk and lace will differ on each garment due to the nature of the materials.
5.3 Making sure your order is accurate. We will make sizing recommendations based on the measurements we take on the date of your order, however you are responsible for making the final decision as to what product and what size you choose to order, and for ensuring the product and size listed on your Order Form is correct.
5.4 Wearing the right underwear and shoes. We recommend wearing the underwear and shoes that you intend to wear with the dress on your wedding day on the date you try on our sample dress and on your fitting date, as the fit of the product will be affected by any changes and the product may look and/or fit very differently as a result of any changes to the underwear or shoes that you make.
5.5 Take extra care when handling delicate fabrics. Our products are made of luxurious and delicate fabrics and are intended for use on special occasions only, care must be taken while handling and wearing to avoid excessive wear and damage.
6. Making changes
6.1 It is not normally possible to make changes. If you wish to make a change to the product you have ordered please contact us. Our products are made to order and once we have accepted your order it will be put into production and it is not normally be possible to make changes. However, 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 of supply 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.
6.2 Changes to body size or measurements. The products that you purchase from us are made to order, to a standard dress size, from the measurements we take on the day you place your order. We will take your body measurements on your fitting date and we are not responsible for any change to your body size or measurements, whether a decrease or increase in sizing. We are not accountable for any alterations or replacements that are needed if a change in body size or measurements has occurred. This means you will still be responsible for paying the full cost of the product you have ordered and any additional costs whether as a result of an alteration or replacement product.
7.1 We do not provide alteration services. As our products are made to a standard dress size, you may wish to consider using an alteration service if you desire a product that fits your body size or measurements exactly. We may recommend alteration companies. You are of course free to arrange for alterations to be made by an alteration service of your choice.
7.2 We are not responsible for fitting issues caused by alterations. If as a result of alterations that have been made to the product by an alteration service the product does not fit your measurements, we are not responsible for the cost of any further alterations or replacement product that might be needed. This means you will still be responsible for paying the full cost of the product you have ordered and any additional costs whether as a result of an alteration or replacement product.
8. “Lead times” and collecting the products
8.1 Collection by you. We strongly recommend that you attend a fitting appointment with us once your product has arrived in our studio. For this reason, we ask that our customers collect the products from our premises. We will arrange the date for your fitting appointment when you place your order and this is set out in your Order Form (unless we agree another date with you).
8.2 Delivery and delivery costs. Only in exceptional circumstances do we arrange delivery of a product, because we recommend you collect the product from us at your fitting appointment. If you require us to deliver the product, please make us aware of this before you place your order. Provided you inform us of this, the costs of delivery will be as told to you during the order process.
8.3 Lead times. Any products that you purchase from us that are made to order will take a minimum of 26 weeks from the date we accept your order to be made and to arrive with us at our premises – this is what we mean by “lead time”. If there is any specific lead time for your Product we will endeavour to give you this information at the time your place your order. We will always take the lead time for your product into account when scheduling your fitting date. In unusual circumstances it may be necessary to rearrange your fitting date if production of your product becomes delayed.
8.4 We are not responsible for delays outside our control. If our supply 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (meaning circumstances where it is likely that you will not have your product by your wedding date) you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.5 If you do not attend your fitting appointment / collect your product. If you do not attend your fitting appointment and/or collect the products from us, we will contact you for further instructions and may charge you for storage costs and any 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 clause 10.2 will apply.
8.6 When you become responsible for the product. The product will be your responsibility from the time you collect it from us, or the time we deliver the product to the address you gave us for delivery.
8.7 When you own goods. You own the product once we have received payment in full.
9. Your rights to end the contract
9.1 Cancellation and ending the contract. Should you wish to cancel your order please contact us as soon as possible. You do not have a right to change your mind and obtain a full refund. Once we have accepted your order this means your order has been placed with our designers and we will have incurred costs. Should you wish to cancel your order because you have changed your mind we will charge you for doing so, as described below.
9.2 What happens if you end the contract without a good reason. If you tell us that you are cancelling your order or wish to end the contract, but you are not ending the contract for one of the reasons set out in clause 9.2, then the contract will end immediately. We will charge you a sum that is equal to reasonable compensation for the net costs we will incur as a result of your ending the contract. Please be aware this amount may be as much as the total price for the products. We will deduct this sum from any advance payment paid by you, even if the products have not been provided. If our reasonable compensation is less than any advance payment you have paid, we will refund the balance to you.
9.3 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (c) 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. The reasons are:
(a) 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;
(b) there is a risk that supply of the products may be substantially delayed (meaning circumstances where it is likely that you will not have your product by your wedding date) because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
9.4 Returning products after ending the contract. If you end the contract after products have been collected from us or delivered to you, you must return them to us. We will pay the costs of return.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(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, collect the products from us or allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will charge you a sum that is equal to reasonable compensation for the net costs we will incur as a result of your ending the contract. Please be aware this amount may be as much as the total price for the products. We will deduct this sum from any advance payment paid by you, even if the products have not been provided. If our reasonable compensation is less than any advance payment you have paid, we will refund the balance to you.
11. If there is a problem
How to tell us about problems. If you have any questions or complaints about the product, please contact us.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 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 products (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care) and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
13.2 Sharing your personal information. We will only give your personal information to third parties for the purposes of processing your order (for example to payment processing providers or alteration services you have chosen to use), or where you have agreed that we can do so, or the law either requires or allows us to do so.
14. Other important terms
14.1 You cannot transfer your order to someone else. You may not transfer your rights or your obligations under these terms to another person.
14.2 If a court finds part of this contract illegal, the rest will continue in force. 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.
14.3 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 taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.