All deposits are non-refundable. Since all orders are custom-made to your measurements and specifications, there can be no provision for return of your deposit if you have “changed your mind” or your circumstances change.
Under normal circumstances, please expect delivery of your order in approximately 4-6 weeks*. Further delays should be expected if the fabric ordered is out of stock or on back order. Delivery of the goods shall be at the customer’s address shown on the invoice unless otherwise specified in writing.
TERMS OF PAYMENT
Payment is due at the time the order is placed and is non-refundable. Unless otherwise expressly agreed, payment must be in the form of cash, check or credit card. If payment is made by check or credit card, such payment is subject to “Michael Claude Bespoke” receipt of payment in full prior to release of the goods. Accounts will be charged interest at the rate of 21% per annum (1.75% per month) on past due accounts. Return checks are subject to $30.00 NSF fee.
ACCEPTANCE, RETURN & TAILORING OF GOODS
It is the customer’s responsibility to inspect delivered goods for conformance with order and report any claims in writing to “Michael Claude Bespoke” within ten (10) days of the date of receipt. In the event the goods do not conform to the applicable warranties or specifications and proper notice is received, the liability of “Michael Claude Bespoke and the customer’s sole exclusive remedy shall be limited to replacement or substitution of the non-conforming goods, exclusive of any labor or delivery charges. Unless goods are returned for breach of warranty or specification, “Michael Claude Bespoke is under no obligation to accept return of the goods. “Michael Claude Bespoke is not responsible, assumes no duty to change an order, and assumes no liability for customer’s weight gain or loss, Customer’s change in body mass, proportion, posture or other change in Customer’s measurements or specifications since the date of the order. From time to time, alterations are necessary to ensure proper customer fit and satisfaction. Proper alteration is guaranteed. However, proper alteration cannot be made unless customer is measured or fitted by a qualified tailor chosen by “Michael Claude Bespoke” at the tailor’s premises. Final alterations cannot be performed at customer’s home or office, proper mirrors and equipment need to be available. “Michael Claude Bespoke” will endeavor to locate a convenient tailor who is also qualified and the customer must be fitted by such tailor within 30 days of written notification or “Michael Claude Bespoke” shall have no further responsibility to alter goods and the customer shall be deemed to accept “as is”, without further alteration.
All items that are manufactured by “Michael Claude Bespoke” on behalf of the customer are warranted to be free from defects in material and workmanship and to materially conform to the requested specifications and measurements, listed on the order form. “Michael Claude Bespoke” is not responsible and assumes no liability for variances in samples or dye lots between actual manufactured product and fabric or style pictured, portrayed or described in any brochure, advertisement, catalog or promotion. “Michael Claude Bespoke” makes no warranty with respect to any goods manufactured by another person. Warranties on such goods, if any, shall be limited to those made by the manufacturer and any claims concerning such goods shall be directed to the manufacturer. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IS MADE WITH RESPECT TO THE GOODS COVERED BY THE ORDER.
LIABILITY FOR DELAYS
“Michael Claude Bespoke” shall not be liable to the customer for unavailability of chosen fabric or for any delays in manufacturing, shipping, or delivering the goods, caused by any act of God, including fire, hurricane, tornado, flood, or frozen precipitation of any kind, or by any other circumstance beyond the control of “Michael Claude Bespoke”, including by not limited to, fire, strikes, disputes with workers, accidents, war, insurrection, riot, civil commotion, inability to secure transportation or fuel, governmental interference or regulation, delays in transportation or other contingencies beyond “Michael Claude Bespoke”’ control.
CHOICE OF LAW
The laws of the State of Virginia shall govern all matters in relation to the sale of goods.
Neither delay nor lack of enforcement of any of these terms and conditions shall preclude “Michael Claude Bespoke” from enforcing any and all of them. IN NO EVENT SHALL “MICHAEL CLAUDE BESPOKE” BE LIABLE IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY FOR INCIDENTAL,INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER INFORMED
ABOUT THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND NO MATTER THE CIRCUMSTANCES AND IN NO EVENT SHALL THE LIABILITY OF “MICHAEL CLAUDE BESPOKE” EXCEED AN AMOUNT EQUAL TO THE SALES PRICE OF THE GOODS SOLD HEREUNDER