This document tells you the terms and conditions on which We sell Alonuko bespoke products.
- Definitions and Interpretation
In this Agreement:
- The following terms have the following meanings:
“Alterations”- any modifications whether major or minor, required by the Client during and after completion of the Garment.
“Alteration Fee”- additional charges for Major Alterations.
“Balance”- the final payment towards the garment.
“Confirmation Email”- this is an email sent after the Consultation date has been confirmed by the Client, outlining the Consultation date and how to make the Consultation Fee payment.
“Collection”- when the Client will collect their Garment.
“Collection Appointment”- the allocated appointment where the Client can pick up their Garment.
“Collection Date”- the date which has been given for the Client to collect the Garment.
“Consultation”- this is the initial meeting between Alonuko and the Client in which Alonuko, amongst other things, takes the Client’s measurements and Garment design.
“Consultation Fee”- is the required Fee to book a Consultation.
“Delivery”- the process of Alonuko sending the Garment to the Client.
“Deposit”- a sum payable as a first instalment of the total order value, which Alonuko will detail in the Client’s invoice, which needs to be paid by the date specified on the invoice.
“Express Booking”- is when a garment is required within 4 calendar months.
“Express Fee”- is the extra charge in addition to the Fee’s that will be added to the Client’s total costs if an order is required in less than 4 calendar months from the date of the next available consultation appointment.
“Fee(s)”- the payment for individual services provided by Alonuko.
“Garment”- is the item(s) of clothing that Alonuko is designing and making for the Client.
“Instalment(s)”- a sum of money due as one of several payments for the invoice total spread over a period of time.
“International Client(s)”- is any Client whose residence is outside the UK
“Late Fee”- is any Client fails to pay any invoice or requested payment(s) on time.
“Major Alterations”- alterations Alonuko concludes will take longer than sixty (60) minutes.
“Minor Alterations”- alterations that Alonuko concludes can be done within sixty (60) minutes.
“The Measurement Guide”- is a measuring guide specifically designed by Alonuko to help Clients measure themselves accurately.
- References to clauses are, unless otherwise stated, references to clauses of this Agreement.
- The headings to the clauses are for convenience only and shall not affect the construction or interpretation of this Agreement.
- Term
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Garment, subject to earlier termination as provided for in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
- Fees and Charges
- All fees are inclusive materials, labour, Garment design and Delivery (if applicable).
- VAT of 20% is applicable for all UK/EU clients
- Once the Client has booked a Consultation appointment online or via email, they will be charged a Consultation Fee.
- If a Garment is required within 4 calendar months of when the Consultation booking is made, then an Express Fee will apply.
- The Express Fee amount will be decided by Alonuko and will be dependent on the complexity of the design required. The Express Fee amount will be quoted to the Client, this can be before or during the Consultation and will be included in the invoice.
- An Express Fee can be applied if there are delays made by the Client regarding late payments, re-scheduled fittings or a delayed confirmation as this can cause a delay in production.
- In the event that charges are incurred, the Client will be notified, and it will be added as an additional Instalment.
- If the Client cancels the booking in compliance to Clause 3.4, Deposit(s) and Instalment(s) are non-refundable.
- Once the Client has placed an order, Alonuko will provide them with an invoice detailing their Fees, Deposit, Instalment(s) and Final payment due dates.
- If the Deposit has not been received by the date specified, the booking will not be secured.
- If the Deposit has not been received by the date specified, the quote will no longer be valid.
- If the Deposit and Instalment(s) have not been settled by the dates specified on the Client’s invoice, Alonuko will not begin any work on the Garment.
- If an order is cancelled after any part of the Deposit or Instalment(s) have been made, the Client will not be permitted to receive any part of their Deposit or Instalment(s) back.
- Any Alterations required by the Client at any time, may result in additional Fees.
- For bespoke orders, if any Minor Alterations to the Garment are required pursuant to Clause 6.2 these will be provided to the Client at no extra cost.
- If any Major Alterations are required pursuant to Clause 6.2, then the Client will be required to pay an Alteration Fee, before any further work is carried out by Alonuko.
- Alonuko will inform the Client of the Alteration Fee amount and this must be paid either on the day or within seven (7) calendar days (subject to Clause 5.3). Once Alonuko has received the payment, the Alterations will take place and a new Collection Date will be given.
- If any Fees are not received by the date stated on the invoice, or at any time which has been requested by Alonuko, then a Late Fee may apply.
- Alonuko is not permitted to issue a Late Fee and can reject a new payment date. In this case, Alonuko can cancel the booking if the Instalment(s) are not received in the Alonuko bank account by the due date and Alonuko decides there is not enough time to meet the Garment due date.
- If Alonuko cancels the booking in compliance to Clause 3.7.1, Deposit(s) and Instalment(s) are non-refundable and non-transferable.
- If the Client is unable to pay their Instalment(s) by the due dates specified, this must be made known to Alonuko no later than seven (7) calendar days prior to the due dates.
- If the Client is unable to pay their Balance by the date specified, this must be made known to Alonuko no later than seven (7) calendar days, before the Collection date.
- If the Client fails to comply with Clause 3.8 and 3.9 above, then an automatic Late Fee may apply, and the Client will not be permitted to receive their Garment until the whole invoice (including any additional Fees) are fully paid.
- If a Client complies with Clause 3.8 above, Alonuko may rearrange the fitting dates and give a new deadline for the Instalment(s) to be paid. If the Client is still unable to pay following the extension, then a Late Fee will apply.
3.11.1 Alonuko has the right to decline extending the payment due date. In this case, if the client is unable to make payment, Alonuko can cancel the booking in compliance to Clause 3.7.1.
- If a Client complies with Clause 3.9 above, Alonuko will rearrange the Collection Date and give a new deadline for the Balance to be paid. If the Client is still unable to pay following the extension, then a Late Fee will apply.
- If a Client who has an Express Booking complies with Clause 3.8 and 3.9, an automatic Late Fee will apply and the Client fitting dates may be rearranged or the booking can be cancelled.
- The Late Fee will be between 5% and 10% of the total invoice for the Garment(s). This Late Fee will be added to the invoice and stated at the time when a new payment schedule is discussed.
- If the Client is late to an appointment, the time will be deducted from the allocated time slot and there will be no extra time added. If a further Fitting Appointment needs to be made or the Fitting Appointment needs to be rescheduled, due the to Clients lateness, a new Appointment Fee will apply.
- If external fabric prices increase, the Client will be notified and charged for the additional amount in GBPs up to 10% of the order price.
- Consultation
- The Client must make a booking for a Consultation before a Garment can be made.
- The Consultation Fee is required for all bookings, as set out in Clause 3.3
- For missed, cancelled or re-scheduled appointments within 48 hours before the original time, the booking fee cannot be refunded and is non-transferable. This clause does not apply for trunk shows, pop-ups or tours; the consultation fee is non-refundable once booked.
- For consultations scheduled for a Monday, the Consultation can only be cancelled or re-scheduled by 2pm on Thursday to receive a refund or transfer the paid Consultation Fee.
- During the Consultation, Alonuko will obtain the Clients measurements, design requirements, themes and fabric options.
- If a Client cannot make their Consultation in person, this may be done over Skype. The Client will be responsible for providing their own measurements using the Alonuko Measurement Guide, which shall be sent to them via email.
- International Clients must conduct their Consultation over Skype (unless they are able to attend the Consultation in person) and they will be required to send their measurements.
- Clients conducting their Consultation over Skype, are responsible for ensuring that all measurements provided are accurate. Alonuko will not be liable for a Garment being of the incorrect size, based on the measurements provided by the Client.
- All Clients are liable for the measurements provided, Alonuko is not liable for any wrong measurements sent, resulting in major alterations for the garment(s).
- Payment
- All Fees due from the Client will be requested by an invoice.
- The invoice will break down the Deposit, the Instalment(s), the Balance amount and any additional Fee(s).
- All invoices for Clients in the UK/EU include VAT at 20%.
- Clients must ensure that all payments are received within the time frames set out on the invoice(s) produced by Alonuko; failure to do so could result in the Garment being delayed and a Late Fee being incurred pursuant to Clause 3.8 and 3.9.
- A payment will be considered received, once it has cleared in Alonuko’s bank account, or once cash has been received in person by an Alonuko Employee.
- Clients have the choice of paying online using either bank transfer or PayPal.
- All Fees due from the Client will be requested by an invoice.
- Delivery/Collection
- UK Clients are eligible for Collection or Delivery of their Garment.
- Alonuko will provide the Client with an allocated date and time for Collection. For missed or re-scheduled Collection Appointments within 48 hours an additional charge may be applied and a new date will be scheduled.
- The Collection Appointment will last for thirty (30) minutes and will give the Client the opportunity to try on the Garment and ensure that no further Alterations are required.
- All invoices must be cleared before the Client can take possession of the Garment pursuant to Clause 5.2 and 5.3.
- At the time of Collection, the Client will have a final fitting to ensure that the Garment is as desired. If the Client is dissatisfied with any aspect of the Garment, this must be made known to Alonuko during the Collection Appointment.
- If any Alterations are requested by the Client, a further Collection Date will be scheduled to give Alonuko time to complete such Alterations. An Alteration Fee will also apply to such changes, pursuant to Clause 3.6.2. Alterations will only be carried out once the Alteration Fee has been paid, in accordance with Clause 3.6.3.
- International Client Garments are only available for Delivery, unless otherwise agreed between Alonuko and the Client during the Consultation.
- The cost of Delivery will not be included in the invoice and the Delivery fees will be invoiced nearer the delivery date.
- Alonuko takes no responsibility for the shipping fees and must be covered by the Client.
- International Clients will receive an email detailing the date that the Garment will be ready, the date that Alonuko will send pictures of the final product, the date for which the Client needs to confirm that they are happy with how the Garment looks and the designated date for sending the Garment.
- The invoice will detail the date that payment needs to be received by Alonuko. Late payments may result in the Garment not arriving by the date originally specified, as well as Late Fees in accordance with Clause 3.7.
- Garments will only be sent to the Client, once the Balance and Delivery fee(s) has been received and cleared in the Alonuko account, as stated in Clause 5.2.1.
- The Client will receive an email once Alonuko has sent the order which will include the tracking details of the parcel. If the Client does not receive the parcel on the date specified, they should inform Alonuko immediately.
- Alonuko is not liable for any parcel once given to the courier for delivery; parcels will be delivered via FedEx, UPS, DHL or VIP Express unless specified otherwise by either Alonuko or the Client.
- Alonuko is not liable for any tax charges by the receiving countries.
- Alonuko will take responsibility for the quality of the garment, Alonuko offers a quality guarantee on all fabric used on the garment and the finishing on the garment.
- The quality guarantee does not include responsibility for the quality of zips. Zips that may be faulty after the Collection date are not Alonuko’s responsibility. All zips will be tested 3 times for the Client assurance.
- Alonuko is not liable for any wrong measurements sent over by the Client using the Measurement Guide, pursuant to Clause 4.6.3.
- Alonuko does not take responsibility for the fit of the garment if the Client’s weight has changed since the measurements have been sent or taken. The Client needs to notify Alonuko of any weight changes and if this results in a Major Alteration, there will be an Alteration Fee charged to the Client pursuant of Clause 3.6.2.
- UK Clients are eligible for Collection or Delivery of their Garment.
- Returns
- No returns are permitted, as Garments are designed bespoke or made to order for the specified Client.
- Pursuant to Clause 6.2, if a Client is dissatisfied with their Garment, this must be made known to Alonuko at the time of Collection. The Client may be permitted to have Alternations carried out on their Garment, subject to Clause 6.2.
- Cancellation/Refunds
- Consultation Fees are refundable if the consultation is cancelled before forty-eight (48) hours of the Consultation date and non-refundable thereafter.
- For consultations scheduled for trunk shows, pop ups and tours, the cancellation policy specific to that event will override the policy set out in clause 8.1
- If an order is cancelled before the Deposit has been paid, the Consultation Fee paid is non-refundable and non-transferable.
- If an order is cancelled after the Deposit or any Instalment(s) has been paid then the Client will lose the Deposit and Instalment(s) paid, pursuant to Clause 3.5.4.
- Pandemics/Epidemics
- If as a result of a published official Government guidelines in response to a Pandemic or Epidemic, the Client is required to change the date of their event, impacting their original Garment due date, the following measures and policies will apply;
- Client should notify Alonuko via email, of the need to change their wedding date as a result of the Government guidelines published on any official government website impacting their original event date;
- Client will have a period of 21 calendar days from the date of the initial notification, pursuant to Clause 9.1.1, to provide Alonuko with a newly planned event date via email.
- All Deposits and Payments made for the original booking date will be valid against the new booking date for a maximum of 16 calendar months from the date of the original event date and will not be returned;
- We will try as much as possible to accommodate all events that will take place within 16 calendar months from their original event date, subject to availability;
- If the Client reschedules their event date outside the 16-calendar month limit, pursuant to Clause 9.1.3, any payments made towards the Garment will not be refunded, in accordance with Clause 8.
- All payment dates for the new booking will remain the same as seen in the Client’s original order pack unless stated otherwise by Alonuko.
- If the Client decides to voluntary re-arrange their event date, to minimise the likelihood of changes to the official Government guidelines in response to a Pandemic or Epidemic possibly impacting their original event date, the following measures and policy will apply:
- The Client should notify Alonuko via email, of the desire to change their event date to minimise the potential impact of a Pandemic or Epidemic on the future event plans;
- The Client will have a period of 21 calendar days from the date of the initial notification, pursuant to Clause 9.2.1, to provide Alonuko with a newly planned event date via email;
- All Deposits and Payments made for the original booking date will be valid against the new booking date for a maximum of 12 calendar months from the date of the original event date and will not be returned;
- We will try as much as possible to accommodate all events that will take place within 12 calendar months from their original event date, subject to availability;
- If the Client reschedules their event date outside the 12-calendar month limit, pursuant to Clause 9.2.3, any payments made towards the Garment will not be refunded, in accordance with Clause 8.
- All payment dates for the new booking will remain the same as seen in the Client’s original order pack unless stated otherwise by Alonuko.
- If as a result of the impact of a Pandemic or Epidemic, the Client decides to cancel the event, the normal cancellation policy as seen in Clause 8 will apply.
- If an order is cancelled after the Deposit or any Instalment(s) have been paid then the Client will lose the Deposit and Instalment(s) paid, pursuant to Clause 3.5.4.
- If as a result of a published official Government guidelines in response to a Pandemic or Epidemic, the Client is required to change the date of their event, impacting their original Garment due date, the following measures and policies will apply;
- Our Liability
- If Alonuko does not create the Garment(s) agreed at the Consultation or are of poor quality (subject to Clause 6.4), our only obligation will be, at our discretion to:
- Replace or repair any Garment(s) that are incorrect or of poor quality;
- Refund the Client the deposit(s), Instalment(s) and/or Balance(s) paid
- Alonuko shall have no liability to the Client for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
- Without prejudice to foregoing, Alonuko’s total aggregated liability to the Client under and/or arising in relation to this contract shall not exceed the amount paid by the Client for the Garment(s).
- Nothing in this contract shall exclude or limit Alonuko’s liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which Alonuko are not permitted to exclude or limit as a matter of law.
- If Alonuko does not create the Garment(s) agreed at the Consultation or are of poor quality (subject to Clause 6.4), our only obligation will be, at our discretion to:
- Indemnity
To the extent limited by the applicable law, Alonuko and the Client agree to indemnify and hold harmless each other, from any and all claims or liabilities which may arise from the indemnifying parties’ performance of this Agreement, except to the extent that such claims or liabilities arise from the gross negligence or wilful action or inaction of the other indemnified party.
- Mediation
- With respect to any dispute arising from the formation, rights or duties under, or termination of this Agreement, all such matters shall be subject to this alternative dispute resolution provision.
- Within thirty (30) calendar days after a dispute is identified, Alonuko and the Client shall use their best efforts to jointly seek an informal resolution to the dispute.
- Entirety
- This Agreement, contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement whether oral or written.
- Neither this Agreement nor any term or provision of it may be modified in any way other than by instrument in writing signed by the Parties.
- Notices
Any notice under this Agreement shall be in writing and signed by the Parties giving it and shall be served by delivering it personally, or sending it by pre-paid recorded delivery or registered post to the relevant party or by sending it by email to the relevant email address notified by the relevant party to the other party.
- Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than Alonuko and the Client shall have any rights under it. The terms of this Agreement may be varied, amended or modified and this Agreement may be suspended, cancelled or terminated by agreement in writing between the Parties and this Agreement may be resigned, in each case, without the consent if any third party.
- Governing Law and Jurisdiction
- This Agreement between Alonuko and the Client shall be treated as though it were executed and performed in the United Kingdom and shall be governed by and construed in accordance with the laws of the United Kingdom. Any cause of action of the Client with respected to services ordered from Alonuko must be instituted within six months after any purchase of be forever waived and barred.
- All actions shall be subject to the limitations set forth in the terms and conditions as provided in this Agreement. The language used herein shall be interpreted as to its fair meaning and not strictly for or against any party.
- All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the United Kingdom and the Client expressly submits to the jurisdiction of said courts and the Client consents to extra-territorial servicer or process;
- Shall any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the Parties and the remaining portions shall remain in full force and effect.
- To the extent that anything is or assiciiated with Alonuko is in conflict or inconsistent with this Agreement, this agreement shall take precedence and representations which may have been made explicitly do not form a part of the Agreement nor have they induced you to enter it.
- Nothing in this Agreement should be deemed to remove any of the Clients statutory rights as a consumer.
Privacy Policy
Introduction
This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.
We want you to be fully informed about your rights and how Alonuko uses your data.
If the information below does not answer all your questions, please do not hesitate to contact us.
Definitions
The definition of the personal data means any information relating to identified or identifiable natural person. An indentifiable per is one who can be indentified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online indentifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
When do we collect your personal data?
- When you make an enquiry for a custom garment, we will require you to fill in an enquiry form.
- If we post a picture of you on social media, we may ask for your social handle to tag you in the picture.
- When you engage with us on social media.
- When you contact us via email or phone call.
What sort of personal data do we collect?
- When you call us, your number will be stored in our recent call list.
- When you email us, your email will be stored in our mail box online.
- When you fill in the enquiry form, we will ask for your full name, telephone number, email address and home address.
- Your social media handle when you contact us through a social media platform or if we post a picture of you.
How and why do we use your personal data?
Any personal data we collect will be used to give our customers a good service. As we provide a bespoke service, we keep the contact details of our clients to keep them informed of the process for their garment and any fittings scheduled. We ask for our clients delivery address for any swatches we need to post to them, we will always let the client know if we send anything to their delivery address. We ask our clients for their billing address to include in any invoices we send to them. We may store images of our clients that we have taken with their permission or if they have sent these to us via email and post these on social media for advertisement purposes. We will keep the email addresses to send promotional material, for example, when we release a new collection.
How do we protect your personal data?
We know that security matters to all our clients, with this is mind we treat your data with the utmost care and take all appropriate steps to protect it.
Access to your personal data is password-protected.
If at any point, we believe the password may be known by a persons who is not a team member employed by Alonuko, we will be sure to change that password to make sure your data is not compromised.
How long will we keep your personal data?
We will keep your email address indefinitely but we will only use this for business planning purposes. For example, to show how many potential clients and confirmed clients we have had.
If you fill in an enquiry form and send it to Alonuko via email, this file will be kept in the mail box until the mail box is full and the email is deleted. The information on the enquiry form will not be referred to once the enquiry is finished or if you do not respond to our last email to you indicating that you are finished with your enquiry. Our emails are secured with a password which will be changed if we believe someone not employed by alonuko has this knowledge.
Who do we share your personal data with?
We will not share any of your personal data with any third parties unless you give us permission to do so.
What are your rights over your personal data?
You have the right to request:
- Access to your personal data we hold about you, free of charge.
- The correction of your personal data when incorrect, out of date or incomplete.
- The deletion of the data we hold about you.
- That we stop using your personal data for direct marketing.
- That we stop any consent-based processing of your personal data after you withdraw that consent.
- You can contact us to request to exercise these rights at any time by sending us an email or calling us.
- If we choose not to action your request, we will explain the reasons for our refusal.
Your right to withdraw consent;
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.
Direct marketing
You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.
How can you stop the use of your personal data for direct marketing?
You can respond to our email or email us separately to opt out of receiving these. You can also call us to notify us that you would no longer want to receive our marketing communications.
Social Media
We use our social media platforms to advertise our work to the public. We would request to use the images you have sent to us or that we have taken ourselves on our social media platforms. This will be used to show our potential clients the work we have done, like a portfolio. By purchasing a product from Alonuko, you are agreeing to have your pictures shared on all our social media platforms.
Contact Information
Email: info@alonuko.co.uk
Tel: 02072052327
Address: 214, Unit 7
Harrington Way,
London, SE18 5NR
If you agree to the above Terms and Conditions, please sign and date below.