Terms & Conditions of Sale
Calendar Day means any day including Saturday, Sunday and all public holidays.
Business Day means any day from Monday to Friday. Saturday and Sunday are not considered as business days.
Body Measurement means measurements being taken without any finger spaces or “margin” present. Body measurements are different to garment measurements or finished measurements.
Completion Day means the day the dress will be completed and photographed for sharing with the customer. This is not to be considered as a dispatch date.
All purchase orders received from the Customer are subject to acceptance by the Company and the Company reserves the right, in its sole and absolute discretion, not to accept any purchase order. Acceptance of any purchase order by the Company is subject to the availability of products and the ability of the company to deliver such products. The Company’s acceptance of a purchase order shall be evidenced by delivery of an invoice confirmation to the Customer, including a 50% down payment.
It is the Customer’s responsibility to carefully review the purchase order confirmation received from the Company and the attached drawings (where and when applicable) for errors, omissions and/or discrepancies, and to advise the company in writing of any such errors in the purchase order confirmation within five (5) calendar days of the Customer’s receipt thereof, and failure to timely notify the Company of any errors, omissions and/or discrepancies within this five (5) calendar day period of time shall constitute the Customer’s irrevocable approval of the purchase order confirmation. The Customer’s approval of the purchase order confirmation constitutes the Customer’s acceptance thereof, as well as the Customer’s assumption of full responsibility for any errors, omissions, discrepancies and legal compliance in this document and the purchase order confirmation. The Company accepts no liability for any errors, omissions or discrepancies overlooked once the purchase order confirmation has been approved. Any changes to a purchase order requested by the Customer after the Customer’s approval of the purchase order confirmation will be accepted at the discretion of the Company and subject to additional charges, including but not limited to, any additional costs incurred by the Company.
Unless the Company expressly agrees in writing, these terms shall govern all purchase orders and quotes for products, and the Company’s acceptance of any purchase order submitted by the Customer is conditional on the Customer’s acceptance of these terms. That the Customer while accepting the order agrees to bind themself to all terms and conditions mentioned herein.
The Customer must provide accurate body measurements; if the Customer sends measurements with ease or margin added the Company will not be responsible for errors as the information provided by the Customer did not follow Company specification. The Company’s technical team will be adding ease/margin on top of the body measurements provided by the Customer.
The Company will share final finished measurements via images with the Customer, if the Customer does not raise any concern with the final finished measurements shared, then the Company will not be liable for any errors after then. The shared measurement will be treated to be accepted by the Customer and will no longer be disputable.
If the Customer purchases a product based on standard sized measurements, the Company will not be made responsible for any error in the same. Moreover, any alterations made thereafter will be subject to extra charge.
Any delays on part of the Customer in providing timely measurements will result in the Company changing the delivery time and status according to internal production timelines.
4. FAST TRACK ORDERS
All fast-track orders require 100% upfront payment and delivery charges (if any applicable) to avoid delays in dispatches. The Company will require proof of event date at the time of accepting a fast-track order. Bridal fast track orders are defined as those with 90 calendar days or less delivery time, formal fast track orders are defined as those with 60 calendar days or less delivery time.
5. FESTIVE/FUSION AND UNSTITCHED PRODUCTS
The Customer accepts that festive/fusion and unstitched products are made-to-order and therefore cannot be returned. In addition, the Customer cannot alter the cut or the technical aspect of the product.
All prices listed on the Company’s website or quoted by the Company are subject to change without notice. Unless otherwise announced in writing by the Company, or upon notice from the Company to the Customer, prices for products specified by the Company in a formal quote shall remain in effect for a period of seven (7) calendar days from the date such prices are quoted by the Company in writing. After the aforementioned seven (7) calendar day period has expired, all prices for products are subject to change without notice. The same will not be disputable after the expiration of the aforementioned time period.
7. SALES, CUSTOMS, DUTIES AND SIMILAR TAXES
The amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the products hereunder shall be paid by the Customer. For international customers, product prices displayed or quoted are exclusive of all import duties/custom charges. The Customer is liable for all import duties and taxes levied depending on the country of destination.
If the Customer is re-shipping the product for alterations/changes to the order, the Customer is liable to pay for secure courier charges to the Company and the Customer is liable to pay for the export/import customs and duties.
8. PAYMENT TERMS
The Company requires an upfront deposit of 50% of the total purchase price for all purchase orders upon the Customer’s placement of the order. After three (3) business days of the Company’s receipt of the deposit, the deposit will be non-refundable. Deposit date is counted as day 1 in the 3-day period. Purchase orders received without a deposit are generally held from production pending the receipt of the payment. Unless different payment terms have been extended to the Customer in writing, payment of the balance is due upon completion of the order, prior to shipping. The Company will send a notification to the Customer that the order is complete, together with an invoice noting balance of the purchase price due upon receipt and the Customer shall promptly remit payment of the purchase price balance to the Company. For all orders completed and not paid-in-full within fourteen (14) calendar days of estimated completion date, the product will be repossessed by the Company. The Customer acknowledges that they lose any claim over the order given repossession. The Company will not be liable for any damage to the product if it is not collected with 14 days of completion.
9. DELIVERY AND RISK OF LOSS
Unless otherwise agreed to in writing by the Company, products shall be shipped FOB (Free on Board), such that risk of loss and title of products shall pass to the Customer upon delivery to the designated carrier. Other than as expressly set forth herein, freight shall be prepaid and allowed on all shipments of products. Actual freight costs are subject to change.
The Company will use reasonable efforts to meet shipment or delivery dates specified by the Company or the Customer, but the Customer acknowledges and agrees that such dates are not an absolute commitment as they are based on current production schedules at the time of the purchase order. The Customer acknowledges that where the Company feels extra time is required so as not to compromise the quality of the product, a delay may incur which would immediately be notified to the Customer.
Once the order is confirmed, an order form will be generated which will document the Customer’s measurements and customisations. In order to assist the Customer to take correct measurements, a measurement video will be shared explaining how to take the exact measurements. Once the order form is approved, the order will be locked.
The Company shall not be liable for any costs related to late deliveries. The Company shall not be liable for any delay in shipping or performance or non-delivery for reasons, including but not limited to, any delay or non-delivery caused directly or indirectly by a Force Majeure Event (as defined in Term 16). The Customer agrees that any delay in delivery or failure to deliver or perform any part of these terms shall not be grounds for the Customer to terminate or refuse to comply with any provisions hereof and no claim or penalty shall be effective against the Company for such delay.
The Company shall not be responsible for any delay caused by the Customer's failure to timely provide pertinent information required for the Company to complete its obligation under an order (which includes providing accurate measurements within seven (7) calendar days of invoice date and thereafter, any subsequent changes that may occur in the Customer’s measurements). In addition, all performance dates, timetables, and project milestones may, at the Company’s discretion, automatically be extended, day for day, for each day of delay in the completion of any milestone, inspection or approval resulting from any act, omission or delay (including, without limitation, any delay in submitting any required information) of the Customer. This during peak times may be further extended at the discretion of the Company.
The Customer must provide the Company with a written request for any cancellation within three (3) business days, counting day 1 as the date of invoice. The Company will attempt to accommodate requests for cancellations at the earliest. All deposits are non-refundable after three (3) business days of deposit. If work has been performed within those three (3) businesses days, any costs incurred by the Company will be charged to the Customer. All fast track orders are non-refundable from the date of invoicing.
12. CLAIMS, RETURNS, EXCHANGES
All claims for workmanship defects, shortages and errors must be made in writing, accompanied by photographs of such defects, within five (5) calendar days of the product(s) being delivered. Failure to make a claim within this period of time will constitute to an irrevocable acceptance of the products and a waiver of any kind of claim. All products are inspected before shipping. The Customer and third-party shippers shall be solely responsible for any damage, loss or shortages incurred during transit. The Customer must inspect the products upon arrival and make claims for any damage, loss or shortages during shipment or in transit directly to the carrier. The Company is not responsible for any freight related claims, however, may assist the Customer in this process at the Company’s sole discretion.
The Company does not accept any product returns or exchanges. No products can be returned to the Company without its written consent.
13. SAMPLE SALE PRODUCTS
All sample sale products are non-refundable; the Company takes utmost care of its products that are marked for sale and are in good condition apart from general wear and tear. Sample sale products are not to be considered as brand-new products. Sample products have been on display in the Company's showroom.
14. CHANGES IN PRODUCT DESIGN OR MANUFACTURE
The Company shall have the right to change, discontinue or modify the design, production, and other materials of any of its products and to substitute material equal to or superior to that originally specified. The Company’s products are handcrafted and, as such, can have variations from products seen on the Company’s website or in the showroom, 100% duplication of what is seen cannot be guaranteed as each product is unique. Materials and finishes can vary from samples and exact matching is not guaranteed. Product images on the website have been treated in post-production and may result in changes in colours/textures. The Customer undertakes that they shall not make any claim against the Company in this regard.
All pricing, drawings, plans, disclosures, specifications, patterns or technical or business information furnished at any time to the Customer by the Company shall remain the sole property of the Company. The Customer shall hold all such information in strict confidence, shall not use or divulge to any third person or entity any such confidential information, and any and all copies of such confidential information shall be returned to the Company promptly upon the Company’s request.
16. FORCE MAJEURE
The Company shall not be responsible for any delay or failure in performance of any part of a quote, these terms, delivery of the products to the extent such delay or failure is caused by an event beyond the reasonable control of the Company including, without limitation, failure by the Customer to fulfil its commitments in due time, governmental action, fire, explosion, acts of God, flood, war, terror attack, riots, accident, blockades, insurrections, epidemics, pandemics, earthquakes, hurricanes, tornadoes, floods, abnormal weather, snow or hail storms, monsoon, smog, labour trouble, shortages of labour or materials, nuclear fallout, power-outages, increases in material costs, transportation difficulty, acts of the public enemy, the existence of any circumstance making performance commercially impractical (each such event, a “Force Majeure Event”).
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof.
18. GOVERNING LAW AND SETTLEMENT OF DISPUTES
If any dispute arises between the Company and the Customer the same shall be governed and construed in accordance with the laws of the Islamic Republic of Pakistan. Any dispute, conflict or claim, breach of this agreement, which arises from or in connection with this agreement, shall be settled by both parties amicably through consultation. If both fail to do so within 90 days, the dispute should be settled by an Arbitrator who shall be appointed with the consent of the parties.
The Company reserves the right to vary these Terms and Conditions of Sale from time to time at its discretion.