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TERMS & CONDITIONS OF SALE AND HIRE
TERMS AND CONDITIONS OF SALE AND HIRE
Between LUBELLOS BRIDAL (Hereafter referred to as “Lubellos”)
and the Customer.
Lubellos sell and rent wedding Dresses to Customers. It strives to provide Customers with a personalised service and it is therefore necessary to agree the following terms of service::
TAKE NOTE! SHOULD A RENTED DRESS BE DAMAGED IN ANY WAY, LUBELLOS WILL CHARGE A REASONABLE FEE TO REPAIR AND/OR REPLACE THE DRESS AND MAKE IT FIT FOR RESTOCKING.
IF YOU CANCEL A BOOKING OR ORDER, YOU WILL BE LIABLE FOR A CANCELLATION FEE.
- “Alteration” means any change effected to a Dress as it is found in stock in the shop at the time the Customer first makes an enquiry and/or sees the Dress and/or any alteration made to the dress as it is after the first fitting;
- “Cash” means a credit card, a debit card or cash notes;
- “Customer(s)” means any person requiring the Services to be rendered;
- “Dress” means any of the garments sold and/or rented to Customers by Lubellos from time to time;
- “Services” means the personalised services of renting and altering; selling and altering and/or custom making wedding dresses for/to Customers;
- “Standard Price List” means Lubellos price list, as amended from time to time;
- “Studio Hours” means 08h30 to 17h00 from Monday to Thursday and 09h00 to 14h00 on a Saturday. The Studio is closed on Sundays and Public Holidays in South Africa;
- APPOINTMENTS & FITTINGS
- Wedding Dress Customers will only be seen by pre-arranged appointment to ensure a personalised service. No appointment will however be necessary to view wedding accessories in stock;
- All appointments to view/fit Dresses will be charged at Lubellos’ hourly rate, as advised from time to time and will last for a maximum time of one hour;
- Lubellos sell and Rent dresses to Customers. Certain selected Dresses are however not available for rent, due to the design and/or particular fabrics used, at Lubellos’ sole discretion;
- All items are subject to availability and certain designs can only be made in certain materials at Lubellos’ sole discretion;
- An additional cleaning fee will be payable on all items hired, as per Lubellos Standard Price List as amended from time to time; NO DRESS RENTED MAY BE CLEANED, WASHED OR DRY CLEANED BY THE CLIENT UNDER ANY CIRCUMSTANCES, AS THIS MAY CAUSE DAMAGE TO THE DRESS;
- Once a booking is made for a particular Dress, 3(three) fittings will be included in the price for the Dress. Any additional fittings will be charged at Lubellos Standard Price List prices from time to time;
- Fittings Procedures:
- First Fitting/”Play date”: this appointment consists of an 1 (one) hour fitting on a Monday to Friday during Studio Hours and as arranged upfront with Lubellos, which gives the Customer the opportunity to choose accessories to go with the Dress (if applicable). Lubellos will take the bride’s measurements at this fitting and record them, as Lubellos will charge for alterations due to weight gain/loss thereafter. Any alterations additional to that agreed at this fitting will also be charged for extra as and when they are requested and if time allows for them to be done;
- The Customer may also bring along her own accessories to fit with the Dress at this appointment;
- Second fitting: this will be the final fitting approximately 2 (two) to 3 (three) weeks before the wedding day;
- Final Fitting and Collection: The Dress is fitted (and altered if necessary) one last time to ensure perfection before the Customer takes the dress.
- Any other fittings allowed for any specific reason will count towards fittings as per the cancellations policy in paragraph 9 of this agreement.
- Although Lubellos takes care to provide you with a clean and steamed Dress, it draws your attention to the fact that a Dress may crease in transit and that you should arrange for a steamer to ensure a creaseless Dress on the wedding day.
- BOOKINGS & ORDERS
- A deposit equal to 50% (fifty percent) of the total Purchase Price and/or rental price is payable on making a booking to either buy, rent or have a Dress custom made;
- Cancellation of any order shall attract a reasonable cancellation fee and due to the nature of the Services, such fee may equal or exceed the 50% (fifty percent) deposit amount;
- No booking shall be accepted (ie a dress set aside) before and unless these terms and conditions are accepted and returned signed to Lubellos.
- The remainder of the Purchase Price shall be payable in full on the day of collection and/or collection from the preferred provider for alterations if applicable, whichever is the earlier. A Dress will only be released on cleared funds (proof of purchase alone will not be accepted) and/or payment with a debit, credit card or cash;
- All appointments will be charged at Lubello’s prevailing rates from time to time as advised and subject to change;
- All amounts payable shall be payable in full in cash. No cheques will be accepted.
- Lubellos may, in its sole discretion, allow a Customer to have minimal alterations done by Lubellos, to a Dress that is rented to the Customer; no major alterations such as changes to the neckline or train of a dress will be allowed on hired dresses.
- Alterations will be charged at Lubellos’ hourly rate from time to time;
- Alterations and cost thereof will be agreed on at on the First Fitting and any alterations required thereafter is subject to an extra alteration fee and if time permits it to still be done before the wedding day based on our hourly rate on the given date;
- No alterations may be done to hired dresses by the customer or any other person other than Lubellos Bridal;
- In the event that the Customer buys a Dress, Lubellos offers the service of altering the Dress at the Customer’s request (if practically possible) and to the customers speifications, which alterations will be charged at Lubellos Bridal hourly rate from time to time;
- DAMAGE, LOSS AND/OR DESTRUCTION
- Should any damage occur to a Dress that is rented, Lubellos will charge a reasonable fee to do the necessary repair and/or replacement of the Dress to make it fit for restocking. Due to the nature of the goods in question, being wedding dresses, sometimes minor damage may necessitate that the Dress be replaced entirely.
- DESIGNS AND INTELLECTUAL PROPERTY
- All intellectual property in the designs of the dresses remain the property of Lubellos. No dress may be copied, reproduced or replicated and the Customer will not allow and/or participate in and/or commission any such work.
- This agreement constitutes the whole of the agreement between the parties relating to the subject matter hereof, notwithstanding any acceptance, order or other documentation or discussion to the contrary;
- No amendment or consensual cancellation of this agreement or any term of this agreement, including this clause, or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this contract, shall be binding unless recorded in a written document signed by a duly authorised representative from both parties;
- CANCELLATION POLICY
** I confirm that I have read the cancellation policy:………………………………………………………………………………………………
- Lubellos reserves the right to cancel this Agreement with 5 (five) days notice to the Customer in the event the Customer is in breach of a term of this Agreement.
- Cancellation by the Customer will be subject to the following cancellation fees:
- Before the first fitting – after 14 days cooling off period – 25% of quoted amount
- After the First Fitting – 50% of the Purchase Price;
- After any alteration has been done or any
- Follow up fittings after the first fitting (whichever is the first occurring) – 100% of the purchase price.
- In the event that the wedding date is postponed, the above cancellation policy will continue to apply, however, Lubellos will afford the Customer a discount if the Customer returns to rent and/or buy a Dress for the new wedding date and is able to provide proof of payment of the full Purchase Price and/or cancellation fee;
- VARIATION AND CANCELLATION
No agreement changing, adding to, deleting from or cancelling this agreement, and no waiver (whether specifically, by implication or by conduct) of any right to enforce any term of this agreement, including this clause, shall be effective unless it is in writing and signed by or on behalf of each of the parties. Parties will not be able to change these terms verbally.
No lenience shown/granted by a party shall constitute a waiver of any of that party’s rights under this agreement;
- ENTIRE AGREEMENT
- This agreement constitutes the entire agreement concluded between the Parties and no variation, consensual cancellation, variation of, or addition hereto, including this clause, shall be of any force or effect unless reduced to writing and signed by the duly authorised representatives of both Parties.
In the event of the invalidity of any part or portion of this agreement for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid part or portion shall be deemed to have been struck out of the agreement.
In terms of Section 45 of the Magistrate’s Court Act 1944, as amended, the parties hereby consent to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of Section 28 of the said Act, in respect of any action which may be instituted by one party against another in terms of this agreement.
- DOMICILIA AND NOTICES
The Customer chooses its domicilium address for the delivery of any legal notices as completed below.
- In the event that Lubellos brings any action to enforce or protect any of its rights under this Agreement, it shall be entitled to recover, in addition to its damages, its attorneys’ fees on a scale as between attorney and own client, as well as any other costs incurred in connection with such action.
- This Agreement shall become valid on signature hereof by both parties.
Domicilium Address for Customer where notices and legal documents can be delivered to the Customer:
Signed by me _________________, ID Number _________________
Please forward your ID document with this form Also sign the cancellations policy paragraph 9 of the agreement
(“the Customer”) and agreeing to the
terms hereof, at __________________________ on this ________ day of ___________ 201__.