Terms & Conditi0ns

These Terms and Conditions (together with the documents referred to in
them) tells you the terms and conditions on which we supply any of our
products either listed on our website, through our mail order catalogue, over
the telephone, email, letter or through direct sales in our showrooms or at
exhibitions or events. Please read these Terms and Conditions carefully
before placing an order with us. You should understand that by ordering any
of our Products, you agree to be bound to these Terms and Conditions.
Loren James Bespoke Designs is a trading name of Loren James Ltd and is
registered in England and Wales under number 13150219 and whose
registered office is at Unit R Trecenydd Business Park, Caerphilly, South
Wales CF83 2RZ(“Loren James Bespoke Designs” / ”our” / ”we” / ”us”).
“LJBD” stands for Loren James Bespoke Designs
1. Ordering
These Terms and Conditions apply to all products supplied by us. Our
products include all products in our standard stock range (“Standard
Products”), as well as products and/or services which are not included in our
standard stock range and/or are produced to a customer’s specification
(“Bespoke Products and/or Services”). Our Standard Products and our
Bespoke Products and/or Services are together referred to as ‘Products’ in
these Terms and Conditions where the context is required.
The procedure for provision of Bespoke Products and/or Services by LJBD is
set out on the Website (see page entitled “Bespoke Designs”).
You may place orders for Products by telephone, e-mail, via the Website or
through personal sales representatives/agents at LJBD, direct purchases at
LJBD offices, showrooms or at exhibitions, events or personal meetings. Any
order placed for Products are subject to these Terms and Conditions.
2. Basis of Purchase
2.1 By placing an order through our Website, or via the other methods set out
at Clause 1 above, you warrant that you are legally capable of entering into
binding contracts and that you are at least 18 years old.
2.2 Once the Products are ordered, you will:
i) if ordered via the Website, receive an automatic acknowledgement
of the order;
ii) for Bespoke Products and/or Services, a specification will be
agreed and confirmed between LJBD and you and the LJBD representative;
or
iii) for all other orders, an acknowledgment of your order is only
provided upon request by you, otherwise the order is fulfilled in accordance
with these Terms and Conditions.
All orders are subject to these Terms and Conditions to the exclusion of all
other terms and conditions (including any terms or conditions which you
purport to apply under any purchase order, confirmation of order, specification
or other document). Your order constitutes an offer to us to buy a Product.
All orders are subject to acceptance by us.
2.3 Delivery dates for Products are estimated and we will use all
reasonable endeavours to deliver the Products to you by the estimated
delivery date provided to you by us in accordance with the following:
i) for Bespoke Products and/or Services, we will deliver at the agreed
date in our confirmation of your order, once a specification has been agreed;
or
ii) for Standard Products, we will dispatch within seven (7) working
days, but there is no guarantee of this time.
If we delay beyond our anticipated dispatch time (eg, we are out of stock), we
will endeavour to contact you as soon as possible to advise you of an
expected delivery date, or agree alternative options with you.
2.4 No terms or conditions endorsed upon, delivered with or contained in your
purchase order, confirmation of order, specification or other document shall
apply.
2.5 No variation to the order or these Terms and Conditions shall be binding
unless agreed in writing and subject to clause 5.
3. Orders and Specifications
3.1 Orders are only deemed to be accepted by LJBD when formal
acceptance has been issued, such formal acceptance being either in the form
of a written Order Confirmation signed by a member of staff or in the form of
Products being despatched. The contract between us will only be formed
when we accept your order and will only relate to those Products whose order
we have accepted.
3.2 If you wish to have Bespoke Products and/or Services provided to you,
then you accept that LJBD has no liability for errors or defaults in Bespoke
Products and/or Services which are caused by erroneous specifications
supplied to LJBD by you or your authorised representative. More specifically,
if the Bespoke Product and/or Service that you have ordered is a dress that is
being designed/created on your behalf, then if you complete the
Measurement Chart available on the Website for us to work from, then LJBD
shall not be liable in respect of any problems arising as a result of incorrect
measurements being provided by you.
3.3 Any specifications, measurements or designs supplied by you or any
designs specifically produced by LJBD in connection with the purchase of
Products together with copyright, design right or any other intellectual
property rights shall at all times vest in and remain the exclusive property of
LJBD. You agree to indemnify us in respect of any losses, damages, costs or
expenses that LJBD may suffer as a result of any infringement of third party
intellectual property rights or other proprietary rights, resulting from the
specifications, measurements or designs supplied by you.
3.4 LJBD shall not be liable in respect of any alleged defect in the Products
as a result of any specification made by you against the advice of LJBD.
4. Prices & payment
4.1 The price of the Products will be as quoted on our Website from time to
time, in our printed materials (eg, catalogue) and on various signs or labels
on the Products themselves or at our showroom or at exhibitions or events,
except in cases of obvious error. Alternatively, if there are additional costs in
relation to the design and creation element of LJBD’s services (including but
not limited to the Bespoke Products and/or Services), then such costs will be
confirmed to you prior to an order for the Products being placed with us, or at
such time as any additional alterations are requested by you. The price shall
be confirmed to you at the time we confirm your order and the contract
between us comes into existence. LJBD reserves the right to make any
changes to the prices as necessary without notice, however such changes
will be made and notified to you prior to the contract between us coming into
existence. In particular, LJBD reserves the rights to charge the correct price
for Products if an incorrect price has erroneously been published in any
marketing material including printed material, electronic media, and all other
forms of communication.
4.2 All prices exclude VAT and shipping charges. VAT must be added to the
total amount (including carriage) of your order. This does not apply if goods
are to be sent to any country outside the United Kingdom. Despatch costs are
dependent upon the size, weight and destination of the parcel as well as the
speed of delivery required.
4.3 Payment to LJBD is required in advance of delivery unless specific credit
arrangements are agreed in writing, in which case LJBD shall be entitled to
invoice for the Products upon despatch or deemed delivery in accordance
with Clause 6. For Bespoke Products and/or Services (including dress
creations), a deposit of 50% or more may be required before any work
commences. Such deposit is payable at the time of confirming your order
after the design appointment. Payment must be made in advance for
Products, or on terms individually agreed to by us in writing. In the event that
payment is not made on the due date LJBD reserves the right to:
4.3.1 withhold delivery of any further Products;
4.3.2 require advanced payment on all Products
4.4 When you return any Products to us: ALL RETURNS MUST BE
AUTHORISED BY LJBD IN ADVANCE.
4.4.1 because you have cancelled a contract with us within the for 14 day
cooling off period under Clause 5 (and work has not commenced for Bespoke
Products and/or Services), we will process the refund due to you as soon as
possible, and in any case within fourteen (14) days of the day you have given
notice of your cancellation. In this case we will refund the price of the Product
in full, including the cost of sending the item to you. However, you will be
responsible for the cost of returning the item to us.
4.4.2 for any other reason (for example, a Product is defective), we will
examine the returned Product and will notify you of your refund within a
reasonable period of time. We will usually process the refund due to you as
soon as possible and, in any case, within fourteen (14) days of the day we
confirmed to you that you were entitled to a refund for the defective Product.
Products returned by you because of a defect will be refunded in full,
including a refund of the delivery charges for sending the item to you and the
cost incurred by you in returning the item to us.
4.4.3 if in your opinion a Bespoke Product requires alteration or
amendments, then please discuss this with us when you collect your dress
from us, or with your LJBD sales representative or sales contact, or
immediately upon receipt of your order.
4.5 LJBD usually raises invoices and accepts payment in pounds sterling
(GB£). Payment can be made by cash, bank transfer or selected credit cards
(as listed in our printed material or on our Website).
5 Consumer Cancellation rights
5.1 Only if you are contracting as a consumer (ie, for purposes outside of
your business) and you place your order via the website, telephone or email,
you may cancel a contract with us at any time within fourteen (14) working
days, beginning on the day after you receive the Products, unless the Product
ordered is a Bespoke Product and/or Service and work in connection with the
Bespoke Product and/or Service has commenced, in which case the right to
cancel shall cease upon commencement of any work in connection with the
Bespoke Products and/or Services.
5.2 If you are entitled to cancel your contract with us in accordance with
Clause 5.1, you will receive a full refund of any price paid for the Products in
accordance with our refunds policy. No refunds shall be made to a customer
after the seven (7) working day period.
5.3 To cancel a contract in accordance with Clause 5.1, you must inform us in
writing. You must also return the Product(s) to us within 14 days of your
notification to cancel the contract, in the same condition in which you received
them, and at your own cost and risk. You have a legal obligation to take
reasonable care of the Products while they are in your possession. If you fail
to comply with this obligation, we may have a right of action against you for
compensation.
5.4 This provision does not affect your statutory rights.
6 Delivery
6.1 Delivery of the Products shall be made by LJBD to you, either by posting
the Products to you, by courier or other suitable method of transport, or by
collection of the Products from our showroom, as notified to you by us.
6.2 Any dates quoted for delivery of the Products are approximate only and
LJBD shall not be liable for any delay in delivery of the goods howsoever
caused. Time for delivery shall not be of the essence unless previously
agreed by LJBD in writing.
6.3 Any charges relating to import tax, duty or Customs clearance of Products
into a country designated by you shall be paid for and arranged by you. Note:
After 1st January 2021 this apples to all EU countries. LJBD reserves the
right to not deliver Products to a specific country designated by you.
6.4 If delivery of an order is rejected by you for any reason whatsoever LJBD
reserves the right not issue a refund and charge you any costs relating to the
return of the goods.
6.5 LJBD must be notified of any shipments which may have been tampered
with or of any Products missing from deliveries within 48 hours of receipt of
such deliveries. Until the matter is resolved you must keep all packaging and
documentation relating to such shipments.
7 Risk and Property
7.1 The risk in respect of the Products sold will pass to you upon delivery.
Carriers require that all claims be notified in writing within 7 days of receipt of
Products and that non-delivery be notified within 14 days of the date of
despatch, 21 days for overseas. Claims notified after this period will not be
recognised.
7.2 Notwithstanding delivery and passing of risk in the Products or any other
provision of these conditions, the property and ownership in the Products
shall not pass to you until LJBD has received in cash or cleared funds
payment in full of the price of the Products and all other products agreed to
be sold by LJBD to you for which payment is then due.
7.3 Until such time as the property in the Products passes to you (and
provided the goods are still in existence and have not been resold) LJBD
shall be entitled at any time to require you to deliver up the Products to them
and if you fail to do so forthwith to enter upon any premises of your or any
third party where the goods are stored and repossess the Products.
8 Warranties and Liabilities
8.1 Subject to the terms and conditions set out below, LJBD warrants that the
Products will correspond with their description in the LJBD current catalogue
and/or on the Website, or to any agreed specification for Bespoke Products
and/or Services, if applicable.
8.2 The warranty at Clause 8.1 above is given by LJBD subject to the
following conditions:
8.2.1 LJBD shall be under no liability in respect of any defect arising from fair
wear and tear, your wilful damage, your negligence, abnormal working
conditions, failure to follow LJBD instructions (whether oral or in writing)
misuse or alteration or repair of the Products without LJBD prior written
approval.
8.2.2 LJBD shall be under no liability as to the quality of the Products beyond
the occasion of their first use.
8.2.3 LJBD’s warranty is limited in respect of slight variation in colour, this is
due to variation between replication of the beads and decorative products or
fabrics during the manufacturing process. LJBD does not guarantee colour to
be identical to that appearing in the current catalogue or on the Website.
8.2.4 No warranty is given by LJBD in respect of fitness for the purpose
intended by you. It is your responsibility to ensure that Products are suitable
for your own purpose.
8.2.5 Any claim by you which is based on a defect in quality or condition of
the Products or their failure to correspond with any applicable specification, or
description shall be notified to LJBD within 21 days of the purchase, posting
or delivery of the Products, whichever is the later. In the event that a fault is
accepted by LJBD, the Products (except Bespoke Products and/or Services
created specifically provided on your behalf) will be replaced free of charge
by return post subject to availability provided the Products have been
returned reasonably packed to us within 21 days of the purchase, posting or
delivery of the Products, whichever is the later. In relation to Bespoke
Products, if a Bespoke Product requires alteration in any way, or you claim is
defective in quality or condition, then you must notify us when you collect your
Bespoke Product from us, or within 21 days of delivery of the Bespoke
Product to you so that we can discuss any alleged defect with you in order to
undertake any necessary repairs or replacements that LJBD deem necessary
in its absolute discretion.
8.2.6 Where the Products are sold to a consumer, your statutory rights are
not affected by these Terms and Conditions.
8.3 Our liability to you for losses, liabilities, claims, cost, damages and
expenses that you suffer as a result of us breaking our contract with you is
strictly limited to the purchase price of the Product(s) you purchased. We are
not liable for any consequential losses.
8.4 Nothing in these Terms and Conditions excludes or limits our liability for:
8.4.1 death or personal injury caused by our negligence;
8.4.2 matters under section 2(3) of the Consumer Protection Act 1967;
8.4.3 fraud or fraudulent misrepresentation; or
8.4.4 any matter for which is would be illegal for us to exclude, or attempt
to exclude, our liability.
The Products are not toys and are not suitable to be used for playing
with by children. The Products should be kept away from children to
avoid any misuse or damage.
8.6 We are not responsible for indirect or consequential losses, liabilities,
claims, cost, damages and expenses which happen in connection with a
breach by us, or for any loss of income or revenue, loss of business, loss of
profits or contracts, loss of anticipated savings, loss of data, waste of
management or office time however arising and whether caused by tort
(including negligence), breach of contract of otherwise, even if foreseeable.
8.7 We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a contract that is caused by
events outside of our reasonable control (“Force Majeure Event”). A Force
Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes, but is not limited to, strikes, lockouts, riots, civil commotion, acts of terrorism, war, fire, explosions, storms,
floods, earthquakes, impossibility of the use of railways, shipping, aircraft,
motor transports or other means of public or private transport, or acts of God.
Our performance under any contract is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an extension
of time for performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close or to find
a solution by which our obligations under the contract may be performed
despite the Force Majeure Event.
9. General
9.1 Any notice required by either party to the other under these Terms and
Conditions shall be in writing addressed to the other party at its registered
office or principal place of business or such other address as may at the
relevant time have been notified pursuant to the provisions for the party giving
the notice.
9.2 The contract between us and you is personal between you and us. You
may not transfer, assign, charge or otherwise dispose of this contract or any
of your rights or obligations under it, without our prior written consent. We
may transfer, assign, charge, sub-contract or otherwise dispose of a contract,
or any or our rights or obligations arising under it, at any time during the term
of the contract.
9.3 No waiver by LJBD of any breach of the contract by you shall be
considered as a waiver of any subsequent breach of the same or any other
provision.
9.4 If any of these Terms and Conditions or any provisions of a contract are
determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to that
extent be severed from the remaining terms, conditions and provisions and
will continue to be valid to the fullest extent permitted by law.
9.5 The parties do not intend that any of these terms and conditions shall be
enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by
any person that is not a party to it.
9.6 In these terms and conditions references to any statute or statutory
provision shall, unless the context otherwise requires, be construed as a
reference to that statute or statutory provision as from time to time amended,
consolidated, modified, extended, re-enacted or replaced.
9.7 These Terms and Conditions and any document referred to in them
represent the entire agreement between us and in relation to the subject
matter of any contact between us for the sale of Products and supersede any
prior agreement, understanding or arrangement between us, whether oral or
in writing. We both acknowledge that neither of us has relied on, and shall
not be liable in respect of, any representation, undertaking or promise given
by the other or be implied from anything said or written in negotiations
between us prior to such contract except as expressly stated in the Terms
and Conditions (except in the case of any fraudulent misrepresentation).
9.8 We have the right to revise and amend these Terms and Conditions from
time to time. You will be subject to the Terms and Conditions in force at the
time that you order the Products from us, unless any change to our policies or
these Terms and Conditions is required to be made by law or governmental
authority (in which case it will apply to orders previously place by you), or if
we notify you of the change to our policies or these Terms and Conditions
before we send you any relevant order confirmation (in which case we have
the right to assume that you have accepted the change to the Terms and
Conditions, unless you notify us to the contrary within seven (7) working days
of receipt by you of any relevant order confirmation).
9.9 The formation, existence, construction, performance, validity and all
aspects of these terms and conditions shall be governed by English law and
the parties submit to the exclusive jurisdiction of the English courts.
10 Try on service
10.1 Customers can try any of our couture ready to wear stock and
sponsored dresses with a 50% deposit per dress (over 3 and deposit will be
agreed) plus shipping fee to and back to us should the dress(es) be
unsuitable.
10.2 Customers have 5 working days after they have received the dress(es)
to decide if suitable.
10.3 If suitable the customer will need to pay the remainder of money and
repair kit and dress bag will be sent out to go with dress
10.4 If unsuitable LJBD will arrange with the customer a suitable time for
collection of the dress(es). The shipping costs will be deducted from the
deposit refund on return.
10.5 Once received back, the dress(es) will be inspected by our QC team and
as long as the dress(es) is / are still saleable the 50% deposit will be paid
back to customer minus the return shipping costs
10.6 The only cost the customer will incur is the shipping fee there and back
10.7 Customers are able to do this as many times as they want
10.8 Depending where the stock dress is located in our stores, the process
normally is turned around within 2 weeks
10.9 Any duty/tax that is incurred through shipping will need to be payed by
customer
10.10 Full payment will be taken if dress is not returned after 14 days from
dispatch

sizing guide