Terms & Conditions

Welcome to EVE COUTURE!

 

These are the terms and conditions on which we supply any of the products and Services listed on our website (www.eve-couture.co.uk) to you.

By accessing this website we assume you accept these terms and conditions. Do not continue to use EVE COUTURE if you do not agree to take all of the terms and conditions stated on this page. 

Please read and check these terms and conditions carefully before you submit any orders to us. These terms will tell you who we are, how we will provide products/Services to you and other important information. If you have any queries regarding our terms, please contact us to discuss this. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated Services, in accordance with and subject to, prevailing law of the UK. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Information about us

www.eve-couture.co.uk is a site operated by EVE COUTURE LTD. We are registered in England under company number 11027135 and with our registered office at  Level 1 Devonshire House, 1 Mayfair Place, Mayfair

W1J 8AJ, London, England

You may contact us by emailing us at info@eve-couture.co.uk or by writing to us at Level 1 Devonshire House ,

1 Mayfair Place, Mayfair W1J 8AJ, London, England.

If we need to contact you, we will do so by telephone or by writing to you at the email address you provide to us in your order.

Placing an order

We are not obligated to accept your order and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:

– your payment is not authorised or has been marked as fraudulent, or potentially fraudulent, by the payment system;

– there is an error on the website regarding the price or description of a product; or

– if you have requested a bespoke design and it is not possible for any reason to carry out that design.

By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment was made.

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions. 

Our products and Services

All products and Services are subject to availability, which is subject to change. Images of products shown on the Website, and colours shown on screen, are reproduced as accurately as electronic processes allow, but may not always represent the exact image or colour of the final product.

We try to ensure that information regarding products and services on our website is as accurate as possible. However, we cannot be held responsible for any inaccuracies or errors.

We warrant that we will use reasonable care and skill in our performance of the services which will comply with the quotation/offer, including any specification in all material respects, for a reasonable charge. We can make any changes to the services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations. 

All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise. 

Prices for our products are subject to change without notice.

We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products and Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

Customer’s obligations

To enable us to produce a high quality garment, you agree to co-operate with us by providing us with your exact measurements and dimensions or booking an appointment during which we will be taking the measurements. You will be responsible for the sizing information you provide to us. If the information relating to the requested size of the garment proves to be erroneous or if you change your mind or want to alter the size of the garment to a different size after placing the order, we will inform you of the cost of replacing or making the alterations necessary to meet the new sizing and, if you want us to make such changes, you will be required to pay those new costs.

In case we are working with your own patterns, we are not liable for any mistakes in the making of the final product if your patterns are drafted or marked incorrectly. To avoid this, you can request an inspection of your patterns. This is an add-on service that attracts an additional fee.

If you send us images or details of any design or style you would like us to prepare for you, you warrant that you have all necessary rights, licences and permissions to use such designs or styles and you agree to indemnify EVE Couture against any costs, claims and expenses which may result from us creating any garment based on such designs. If you do not comply, we can terminate the Services. 

Fees and deposit 

Atelier

The Appointment fee of £30 will be deducted from the agreed Services quote. In case of cancellation of Appointment or Services, the fee is non returnable.

 

Couture / Brand

The Appointment fee of £75 will be deducted from the agreed Order quote. In case of cancellation of Appointment or Order, the fee is non returnable.

Atelier Only

The fees for Services are set out in the quotation and are on a time and material basis. A quotation will often specify a price, or it will be clear about how the price will be calculated (for example, an hourly rate). 

In addition to the Fees, we can recover the following from you:

a) reasonable incidental expenses including but not limited to, travelling expenses, trims expenses, research expenses, fabric swatch expenses, subsistence and any associated expenses,

b) the cost of services provided by third parties and required by us for the performance of the Services, and

c) the cost of any materials required for the provision of the Services. 

You must pay us for any additional Services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate that may be agreed between us. 

You must pay a deposit (“Deposit”) as detailed in the quotation at the time of accepting the quotation.

The deposit applies to all orders above £500.

If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate the Services.

The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).

You must pay the outstanding balance (‘Balance’) in full before arranging collection of finished products/services.

You must arrange a collection of your processed and ready order within 7 days from the date you were notified it is ready unless agreed otherwise in writing.

We reserve the right to suspend the Services or not release finished products, materials or any other items provided or produced if the balance is outstanding.

Cancellation and amendment 

Services: If you decide to cancel an order, you will be charged for any work already done.

We can withdraw, cancel or amend a pro forma if it has not been accepted by you, or if the Services have not started, within a period of 90 days from the date of the quotation (unless the quotation has been withdrawn).

Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make sure any required changes are made where possible and additional costs will be included in the Fee and invoiced to you. 

 If due to circumstances beyond our control, we have to make any change to the Services, or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep such changes to a minimum. 

Payment 

We will notify you of the payment of the Fees due: 

a) when we have issued your quotation for the Services 

b) on the collection/delivery dates set out in the quotation

c) balance due strictly before the collection of products

d) under exceptional circumstances, we may start provision of the Services prior to deposit of the Fees. Individual circumstances apply and each order is considered individually

e) all extra Services ordered after the start of the Services accepted in the quotation will be put in writing to obtain payment 

You must pay the Fees due within or before the agreed date and time of collection/delivery.

Time for payment shall be of the essence of the Contract.

All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with you. We can then issue the invoice with three reminders of the remaining balance due immediately and instructions to collect your order immediately.

Receipts for payment will be issued by us only at your request. Invoice for the provision of the Services will be issued after the balance has been cleared. 

 

Termination 

We can terminate the provision of the Services immediately if you: 

a) commit a material breach of your obligations under these Terms and Conditions; or 

b) fail to make pay any amount due under the Contract on the due date of  payment;  or 

c) are or become or, in our reasonable opinion, are about to become, the subject to bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

d) enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or 

e) convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency. 

 

Unwanted orders or changes of mind

You must notify us if you no longer want to have the order completed as soon as possible.

You will be invoiced for the services processed and provided until the date and time you informed us of your decision not to proceed with the order. Products ordered as part of the order must be paid for in full and collected.

 

Delivery/collection

Collection of items from our business premises or premises of a designated third part by you or your business representative must be arranged in advance and we shall aim to get your items ready for collection before you arrive.

Delivery of ready orders, garments, patterns, fabrics, trims or any other items, products and materials can be arranged by us on request. 

We can at any time assign, transfer, subcontract or deal in any other manner with a logistics courier that offers delivery services to an address specified by you or your company representative 

We endeavour to use a logistics courier that offers the speed of services that meets your expectations. However, we are not responsible for delivery delays caused by circumstances beyond our control.

A tracking number and the name of the logistics company will be provided where possible after the parcel has been sent out to the specified address. 

It is your responsibility to ensure someone is present at the delivery address to sign for the parcel

We will sign you up for a delivery notifications updates where possible. 

Delivery fees will be added to the balance due before the ready order can be released unless agreed otherwise in writing.

 

Storage

We store fabrics, patterns, trims, labels, ready to ship garments and all other items related to your order.

Our storage service is available under request and we charge a monthly fee. 

Storage, inventory update and fabrics or trimmings orders of large volumes will attract an additional fee and can only be processed during our working hours.

Exceptions 

You cannot make a claim where, despite the service being carried out with reasonable care and skill, it does not achieve your desired outcome, unless that outcome has been agreed first.

You cannot make a claim where it is you or your business representative, and not us, who is responsible for things going wrong.

If against our advice, you ask us to use inappropriate materials or methods or to take shortcuts to save money, to use methods that you think will work, you have no claim to the extent that these materials, methods or shortcuts give a disappointing result. If we agree to do work on this basis, a request for this agreement must be put in writing.

You cannot claim for the damage you cause by instructing us to use inappropriate methods; nor can you claim if you simply change your mind about wanting the goods or services, unless the contract allows you to do so through a cooling-off period or right to cancel.

You have no rights to claim for faults that appear as a result of fair wear and tear.

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Use of our Website

Unless otherwise stated, EVE COUTURE owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view website pages, download website pages and print website pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.

You must not use our website to transmit or send unsolicited commercial communications.

Copyright and Licence

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

You are granted a licence to use the material contained in this website subject to the restrictions described in these Terms.

You are granted a licence to download, store, view, edit, use, reproduce, copy, print, any material contained in this website for your own personal and/or business purposes.

You are not permitted to:

  • republish material from this website (except in the case of promoting the Website or the brand);

  • sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the website and any material or any part thereof for use by any third party;

  • exploit material on our website for a commercial purpose;

  • use any material in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.

If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and EVE COUTURE may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

We reserve the right to exclude any person from using its website and material contained therein where a breach of these terms & conditions is suspected.

You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.

Most images on this website belong to EVE COUTURE LTD, others to their respective brands and owners with reference made to images owners where possible. Images are used for illustration and reference purposes only and cannot be deemed as a final product you expect to buy.

Images used on this website cannot be reproduced without reasonable reference to us or without written consent of EVE COUTURE LTD or image owners.

User Content

Our Website may permit users to submit reviews and, in the future, may allow posting images, videos or other content by you and other users (“User Content”) and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them.

You represent and warrant that:

(i)             you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and

 

(ii)            whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof).

 

(iii)           you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libellous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.

Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Personal data (for more details refer to our Privacy Policy)

We collect your personal data such as contact numbers, email addresses, billing and shipping addresses and other points of contact for communication and order processing purposes.

We may use your email address for periodic communication and marketing purposes provided by our Marketing Team. 

You may unsubscribe from all email communications with us by clicking the ‘unsubscribe’ button in the email you receive from our Marketing Team. 

We do not share or sell your designs, ideas and other types of data relating to your business ideas and collections to third parties.

Non-Disclosure-Agreements (NDA) 

All requests for NDA agreements should be placed in writing with the NDA signed by you or your legal representative.

Learn more about NDA agreements or download example contracts on the www.gov.uk website.

We reserve the right to produce and share imagery and case studies about our Services before/during/after/in action for marketing and communication purposes, for the purpose of advertising our Services to other clients be it online, in person, print, TV or any other types of marketing channels ( including those behind the scenes, during the process, finished products and processes). 

We endeavour to link to the owner of the product where possible. 

Other Websites

This website may contain links to other websites that are not under the control of and are not maintained by us. EVE COUTURE is not responsible for the content or reliability of the linked websites. EVE COUTURE provides these links for your convenience only but does not endorse the material on these sites.

Liability and indemnity 

Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

The total amount of our liability is limited to the total amount of Fees payable by you under the Contract. 

We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for: 

a) any indirect, special or consequential loss, damage, costs, or expenses or; 

b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or 

c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or 

d) any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or 

e) any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services. 

You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury, losses caused by our negligence, or for any fraudulent misinterpretation, or for any other matters for which it would be unlawful to exclude or limit liability. 

We will issue a full or partial refund in the original form or payment (or otherwise if agreed in writing) if an item is faulty, not as described or doesn’t do what it’s supposed to do.

We will not issue refunds if you: 

a) knew a finished item would be faulty when you ordered it

b) damaged an item by trying to repair it (alter it) yourself or getting someone else to do it

c) no longer want an item (eg. because it’s the wrong size you ordered, you no longer want to pursue your fashion business or you are not happy with your design)

d)ordered a personalised/custom-made item(s) with lack of knowledge about the manufacturing process, quality of your raw materials that resulted in the finished item being faulty or not as desired. We will endeavour to inform you of potential effects of some of your decisions and the effects they may have on your finished product prior the start of the Services. However, it is your responsibility to set out finished product specifications in a clear form, in a timely manner, and ensure the raw materials you provide to be used in the provision of the Services are fit for purpose of the finished product.

Waiver

The failure by EVE COUTRE to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.

Variation

We may revise these Terms from time-to-time. Revised Terms will apply to the use of our website from the date of the publication of the revised Terms on our website. Please check this page regularly to ensure you are familiar with the current version.

Exclusion of third party rights

These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

 

Entire agreement

These Terms constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this Website.

 

Jurisdiction and governing law

These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact information

Questions about the Terms of Service should be sent to us at info@eve-couture.co.uk