These Terms and Conditions (Terms) apply to the purchase of any Garment, or request for any Services subsequent to the purchase of any Garment, from Yours Truly Limited (Yours Truly). By purchasing a Garment from Yours Truly, you agree to be bound by these Terms. No verbal agreement between you as the Client and Yours Truly or any employee, servant or agent of Yours Truly will be binding on Yours Truly.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions: In these Terms, unless the context otherwise requires:
Alteration means any changes Client may request be made to the Garment.
Estimated Price means the estimated price for any Alteration requested by the Client and agreed to by Yours Truly. For the avoidance of doubt, the Estimated Price is an estimate only, based on the information known to Yours Truly on the date such Estimated Price was provided and Yours Truly reserves the right to charge you more than the Estimated Price for the Alterations or Services.
Event means the event for which you intend the Garment be provided for, the date for which must be provided to Yours Truly in writing.
Force Majeure Event refers to any event caused by circumstances beyond the reasonable control of Yours Truly and includes, but is not limited to, acts of God, legislative, regulatory or judicial requirements, war, riot, strikes, labour disputes, fire, flood, pandemic, epidemic, failure of equipment, earthquake or other natural disaster.
Garment refers to the garment chosen by you from the selection of sample and pre-loved items made available by Yours Truly.
Intellectual Property means all statutory, common law and proprietary rights and interests, including patents, designs, trademarks, copyright works, layout designs, know-how and other information, whether registered or unregistered (including applications for such rights) as may exist anywhere in the world at any time.
Owner means the person who previously owned the Garment and has provided it to Yours Truly on consignment.
Price means the amount payable by Client to Yours Truly in respect of the Garment and/or Services provided by Yours Truly.
Services has the meaning set out in clause 2.1 and for the purposes of these Terms refers to any request made by the Client for Alterations to the Garment as requested by you and agreed to by Yours Truly.
1.2 General interpretation: In these Terms, unless the context requires otherwise:
(a) Including: means including, without limitation to the generality or specificity of the surrounding words; and
(b) Statutes and regulations: reference to an enactment or any regulations is a reference to that enactment or those regulations as amended, or to any enactment or regulations substituted for that enactment or those regulations.
1.3 Construction: These Terms may not be construed adversely to a party just because that party prepared, or procured the preparation of, these Terms.
2. GARMENT AND SERVICES
2.1 Scope of Services: Yours Truly will provide the Services in relation to the supply of the Garment. The scope of the Services may differ depending on any Alterations to the Garment that may be requested by the Client and that Yours Truly may agree to provide. For all Services listed above, Yours Truly will provide:
(a) an initial consultation appointment at the Yours Truly premises for a non refundable fee of:
(i) $20.00 for week day appointments; and
(ii) $30.00 for weekend appointments;
(b) where requested, a further consultation appointment at a date and time agreed to between Yours Truly and the Client;
(c) where Alterations have been requested and agreed to, any subsequent fittings as may be required to fulfill any Alterations; and
(d) any additional consultation appointments for the purposes of a final fitting or as requested by the Client prior to collection of the Garment.
2.2 Service standards: In carrying out the Services, Yours Truly will, use due skill and care, but:
(a) Does not accept any responsibility for any damage that occurs during fittings or consultations owing to any makeup, lotions, fake tan or marks on the Garment. Client will assume the cost of any additional cleaning, dry cleaning fee or any other cost necessary to rectify any such damage.
(b) Reserve the right to refuse to work with unsuitable/ low quality fabrics which the Client may wish to provide for Alteration purposes.
(c) Does not accept responsibility for any damage caused by you or anyone else following collection or delivery of the Garment.
2.3 Client duties: The Client will:
(a) promptly respond to all requests made by Yours Truly for instruction and information relating to any Alterations requested by the Client, and promptly do all things reasonably necessary to enable Yours Truly to fully and effectively provide the Garment and Services; and
(b) attend all consultation appointments and fittings in appropriate under garments and with the correct shoes as the Client intends to wear on the day of the Event.
2.4 the Client acknowledges that by purchasing a Yours Truly Garment and agreeing to be bound by these Terms:
(a) they are aware that, unless stated otherwise, Garments supplied by Yours Truly are sample and pre-loved Garments;
(b) that they have had the opportunity to view the Garment and that in their view any blemishes or flaws identified on viewing or otherwise disclosed prior to purchase do not impact the acceptable quality of the Garment;
(c) that Yours Truly nor any employee, representative or agent of Yours Truly can provide any reduction in Price to the Client without seeking the prior approval of the Owner;
(d) Yours Truly may use all photos posted to social media at any consultation, fitting or appointment unless Client withdraws their consent for Yours Truly to do so;
(e) Client agrees to have a photograph taken by Yours Truly upon collection of the Garment for Yours Truly's advertising and marketing purposes.
3. PRICE AND PAYMENT
3.1 Price: Client will pay the Price of the Garment as specified by Yours Truly in full and without setoff, counterclaim or deduction. Any additional costs for Alterations requested by the Client and agreed to by Yours Truly are payable to Yours Truly at the time the Price becomes payable, prior to the collection or delivery of the Garment to the Client.
3.2 Estimate: Any Estimate provided to the Client for any Alterations requested are provided as estimates only and may be subject to change if additional Alterations are requested or are required to meet the Clients specifications.
4. DELIVERY OF GARMENT
4.1 Delivery: Provided the Price in respect of such Garment and any other amount due in respect of such Garment has been paid in full, Yours Truly will, at the Clients cost, arrange for delivery of the Garment to Client if requested.
4.2 Under no circumstances will Yours Truly be liable for any costs incurred by Client as a result of any delay in delivery (whether caused by factors beyond Yours Truly's control or otherwise).
4.3 Deadlines: The Client accepts responsibility for providing Yours Truly any deadline required by the Client. Yours Truly accepts no responsibility for their failure to provide the Garment by the deadline where no deadline has been provided to Yours Truly.
4.4 Costs: Unless otherwise agreed in writing, all freight costs together with any required insurance relating to the delivery of the Garment will be payable by Client in addition to the Price.
5. TITLE AND RISK
5.1 Title: Yours Truly holds the Garment on consignment for the Owner. Title will pass from the Owner to the Client upon payment of the Price.
5.2 Risk: Risk of any loss, damage or deterioration to the Garment supplied by Yours Truly will be borne by Client from the earlier of the point in time that:
(a) such Garment leaves Yours Truly's premises, or;
(b) such Garment is available for collection by the Client (even if the Garment remains at Yours Truly's premises) unless otherwise agreed by Yours Truly.
6. RETURNS AND REFUNDS
6.1 Returns and Refunds: Yours Truly does not offer the Client any return or refund for change of mind. To the extent that a product is faulty or is not fit for purpose or of acceptable quality (as defined in the Consumer Guarantees Act 1993), Yours Truly will meet their obligations under the Consumer Guarantees Act 1993. All other warranties (implied or express) are excluded.
7.1 Total liability: To the maximum extent permitted by law, the liability of Yours Truly arising from any:
(a) breach of any of Yours Truly's obligations under or in connection with these Terms;
(b) negligence, misrepresentation or other act or omission on the part of Yours Truly, its employees, agents or contractors; or
(c) other cause whatsoever,
will not exceed the Price paid by the Client for the Garment.
8.1 Force Majeure: Notwithstanding any other provision contained in these Terms, non-performance by Yours Truly of any of its obligations in accordance with these Terms will be excused, without liability for non-performance, during the time and to the extent that performance is prevented, wholly or substantially, by a Force Majeure Event affecting Yours Truly to such an extent that Yours Truly is unable to perform its relevant obligations. Yours Truly will promptly advise Client, of its inability to perform any of its obligations and the likely duration of such non-performance.
8.2 Entire agreement: To the maximum extent permitted by law, these Terms constitute the entire agreement between the parties and supersedes and extinguishes all prior agreements, or representations between the parties relating to such matters.
8.3 Amendment: No amendment to these Terms will be effective unless it is in writing and signed by both parties.
8.4 Severance: To the extent permitted by law, any unlawful or voidable provision in these Terms will be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from these Terms without affecting the validity, legality or enforceability of the remaining provisions, provided that the reading down or severing does not materially affect the purpose of or frustrate these Terms.
8.5 Governing law: This Agreement is governed by and will be construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.