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Terms & Conditions Of Sale - Website & Telephone

Michael Jay Tailoring - Terms & Conditions of Sale (Online and via Telephone Order Line)

These Terms and Conditions of Sale (Online and via Telephone Order Line) together with all other terms and conditions and policies referred to, apply to all purchases made by a natural person via the website or telephone order line and form part of the contract of sale.

Other policies (Terms of Use of Website, Privacy Policy, Cookie Policy) should be read in conjunction with and as part of these terms and conditions and may be found at:
www.michaeljaytailoring.com/policies.html

a) via "The Website" being defined as www.michaeljaytailoring.com or any assigned sub-domain that may exist from time to time i.e. shop.michaeljaytailoring.com
b) over the telephone:

i) via any of our office or sales telephone numbers as described elsewhere in the Website
or
ii) via the telephone to any of our full-time or part-time agents

An offer to purchase products via the Website or via telephone constitutes and forms an agreement on the terms & conditions set out herein with us the supplier being:

M.J.Jarvis & J.A.Jarvis t/as Michael Jay Tailoring
5 Tomo Business Park
Stowmarket
Suffolk
IP14 5EP
United Kingdom

GB VAT No. 334113010



1) The Products

Michael Jay Tailoring warrants that it has the right to supply all products offered for sale on The Website or by telephone.

Any specifications or descriptions of the products offered for supply by us on The Website or via the telephone are for illustrative purposes only. Slight variations might occur for example because of differences in computer screen colour display.

To the maximum extent permitted by applicable law Michael Jay Tailoring makes no warranties or promises about the products.

2) Custom "Made to Measure " or "Tailor Made" Products

Many of our products are custom made and may be described but not limited in description as: Tailor Made, Bespoke, Made To Measure, Personally Styled etc. Such products ordered via the Website or by telephone where you provide measurements are produced according to such measurements provided by you and may also be made to your choice of fabric, colour, and style. You should therefore ensure that your order is accurate prior to completion.

Michael Jay Tailoring will make every reasonable effort to ensure that your custom tailor made product will fit first time. You must report any problems with the fitting of your custom made garment/s within 30 working days from delivery. Where there are any fitting issues we shall within the first 30 working days from delivery make such arrangements to make the required alterations / adjustments.

"Made to Measure" Tailor Made garments are guaranteed free from material defects for a period of 30 working days from delivery of the garment/s.

Nothing contained in this Clause (2) affects your legal rights as a consumer

3) Availability, Prices and Information

Michael Jay Tailoring does not promise that products are necessarily available and all products are offered for sale subject to availability. Where a product is unavailable we will notifiy you by telephone or email and if payment has been made by you and if you are unwilling to await availability of the product we will arrange a refund. No refund for delivery charges will be made where the unavailable product was part of an order which included available products where the delivery has been shipped.

The price for the products shall be the price listed on the Website or quoted via the telephone on the date of your order. All prices are displayed on The Website both excluding and including UK VAT. Prices exclude delivery charges which will be added to the total amount due and are dependant on the shipping method and delivery address. All prices displayed on the Website or given over the telephone are quoted in UK Pounds Sterling and the product price and the delivery charge must be paid in full except where discounts are offered as detailed on the Website or given over the telephone.

If upon receipt of your order via the website or via the telephone we discover an error in the listed or quoted price we reserve the right to notify you whereupon you will have the option to cancel your order or continue at the corrected price.

Delivery (Shipping) options and charges will be provided at the check-out stage of the ordering process prior to you making any payment.

4) Ordering via the Website

When you have chosen your products and selected any options such as size, colour, style and you have added the configured product to your "Shopping Basket" you may view the "Shopping Basket" at any time.

When you view your "Shopping Basket" you are able to amend quantities and configuration options.

Once you have finished adding products to your "Shopping Basket" and wish to conclude your transaction you should click the "Proceed to Checkout" button or link. Please note that you will need to be registered to complete the Checkout stage of the process and you will be presented with a "Login or Register" screen if you are not already registered and logged in.

Even at the checkout stage you may make amendments to the quantities and configuration options.

You should check all details of your order thoroughly and that your Billing and Shipping address information is up to date and accurate.

On the Payments Section of the Checkout process various payment options will be displayed. You will need to select your chosen payment method prior to confirming your order. You will also be required to confirm that you have read, understood, and agreed to our Terms and Conditions of Sale.

Once you click on the "Submit My Order" button Michael Jay Tailoring will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale which shall include any such other terms and conditions and policies to which these terms and conditions refer. You are responsible for ensuring the accuracy of your order. Only click the "Submit My Order" button once you are entirely happy to proceed with your order.

You will receive a confirmation of placing the on-line order via email shortly after completing your order.

If Michael Jay Tailoring accepts your offer it shall confirm this by e-mail and Michael Jay Tailoring’s confirmation of the order in writing (in the form of an email) shall be Michael Jay Tailoring's acceptance of the contract between Michael Jay Tailoring and yourself.

The terms of your order/s will be stored by the Website system and you will be able to access your order history by logging in to the Website. However, we make no warranties whatsoever that the Website system will be available at any or all times therefore you should print off and retain Michael Jay Tailoring’s confirmation of the orders for your records.

5) Ordering via the Telephone

When you place an order via the telephone Michael Jay Tailoring will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale. You will be given an opportunity to review your orders, correct any errors and confirm your order. You are responsible for ensuring the accuracy of your orders.

6) Personal Data

Michael Jay Tailoring is registered under, and will process your personal data in accordance with, data protection legislation. Any personal data that is provided to Michael Jay Tailoring in the course of any transaction with you shall be processed in accordance with Michael Jay Tailoring's Privacy Policy which can be found at http://www.michaeljaytailoring.com/privacy-policy.html

7) Delivery

All products will be delivered to the "Shipping Address" that you indicate when you complete the “Checkout” page of the Website or place orders via the telephone and risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person.

[Edit Date: 28th January 2016]

All production times for Custom Made To Measure Items, including our Express 48 Hour (2 Working Day) Service, are subject to the prevailing workload at the time of production and can be affected by circumstances outside of our control.

[End Edit Date: 28th January 2016]

Any times quoted for delivery are approximate and are those provided by our delivery service providers.

Michael Jay Tailoring shall not be liable for any delay in delivery of the products from the point our delivery service provider has collected the goods from our workshop. Upon notification of a delayed delivery we will liaise with our delivery service providers to understand the reasons for the delay and take any steps we can to resolve the situation.

Where we become aware of any reason which would cause a delay in the production and therefore delivery of your garment/s we will notify you and provide you with a revised timetable for production/delivery. At this point you will have the option to cancel your order.

8) Cancellation and Returns of Products

8.1) Cancellation of Order For Custom Made Goods

In respect of orders made via the Website or via the telephone for goods which we will custom make to your sizes and specification i.e. choice of fabric, style, colour etc. you may cancel your order within 14 calendar days commencing the day we confirmed acceptance of your order. Your notice to us must be via a durable medium i.e. by faxing, emailing, or writing to us quoting the original order number. Our normal production time for custom made garments is 14 working days therefore the total time between placing your order and shipping is deemed to be 14 working days from the expiry of your 14 calendar day cancellation period.

If we have not received your explicit notification as set out above to cancel your order, work will commence on the first working day after the 14th calendar day following our confirmation of acceptance of your order placed via the Website or telephone. If you explicitly instruct us to commence work on your order immediately or at any time within the cancellation period you will be liable for any costs of materials and work performed on your order. You may choose this option by ticking the 'Instruction to Proceed' box when ordering via the Website or make this request when ordering via the telephone.

We also offer a 2 Working Day "Express Service". If you choose the 2 Working Day "Express Service" you are providing us with an explicit request to commence work on your order and you therefore waive any right you may have had to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

8.2) Cancellation of an Order For Non Custom Made Goods

If you wish to cancel your order for Non Custom Made Goods you may do so at any point from the point of order to within 14 calendar days from the day you receive them. Your notice to us must be via a durable medium i.e. by faxing, emailing, or writing to us quoting the original order number. Michael Jay Tailoring will refund the full purchase price of the products including the delivery charges. However, if you are only returning part of an order, no refund will be given in respect of the delivery charges. If you requested additional services no refund will be given for the additional charges incurred by you for these services. If you exercise your right of cancellation in accordance with this Clause 8.2, you must return the products to Michael Jay Tailoring at your own expense unless the products are faulty or we have provided substitute products (the original products ordered having become unavailable).

Michael Jay Tailoring will confirm any cancellation by email, fax, or post and will repay to you the cost of the products (including the original standard delivery charges) as soon as possible but in any case within 30 days from receipt of your cancellation. In order to obtain the refund the goods must be returned to us at your expense to the following address:

Customer Service
Michael Jay Tailoring
5 Tomo Business Park
Stowmarket
Suffolk
IP14 5EP
United Kingdom

8.3) Goods and services that cannot be cancelled or returned under the terms of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (relating to cancellation) include the following:

  • a) services where you have agreed that we should start the service before the end of the usual cancellation period (we will have provided you with the required information when you place your order and before we start the service, including information that the cancellation rights will end as soon as we start the service)
  • b) the supply of goods made to your own specification
  • c) goods that by reason of their nature cannot be returned

8.4) We shall also not be able to accept items for return where:

  • a) you have made further use of the Products having given notice that the Products are in some way defective;
  • b) the defect arises because you have failed to follow any instructions (oral or written) as to maintenance;
  • c) you have altered or repaired the Products without our written consent;
  • d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage;
  • e) the products are made to your specifications or clearly personalised ie made to measure, tailor made or bespoke garments in the absence of any defect that justifies return of those Products;
  • f) the Products cannot be returned for hygiene reasons (including without limitation under garments) once the hygiene seal has been removed;
  • g) the Products are liable to deteriorate or expire rapidly in the absence of any defect that justifies return of those Products.

9) Limitation of Liability

Michael Jay Tailoring's liability to you under the contract for the Products is limited to refunding the price of the Products (including the delivery charges) subject to the provisions of clause 8.

Michael Jay Tailoring is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit, or otherwise) that you may incur as a consequence of its failure to comply with these terms and conditions of sale.

Michael Jay Tailoring shall not be liable where circumstances occur outside of our control which effect the normal provision of service including but not limited to inclement weather; industrial action; non performance of third party service providers; supplies of raw materials; restrictions on labour owing to disease; traffic conditions; local, national, or international failure of electronic communication methods; acts of god. Under these circumstances we will contact you in good time to discuss options including but not limited to termination of the contract by either party.

For the avoidance of doubt nothing in these terms and conditions of sale and supply shall serve to exclude or limit Michael Jay Tailoring's liability in respect of:

  • * death or personal injury caused by our negligence or that of our officers or employees
  • * fraud or fraudulent misrepresentation
  • * breach of sections 12 to 15 of the Sale of Goods Act 1979 (as amended) relating to title, quiet posession, description, satisfactory quality, fitness for purpose, and sale by samples
  • * defective products under the Consumer Protection Act 1987

10) Overseas Customers

As Michael Jay Tailoring is a United Kingdom business, all charges shown on the Website and given via the telephone are in Pounds Sterling. If you are placing an order from outside of the UK your card issuer may convert the charge into your local currency.

Any customer placing an order outside the UK will be responsible for fulfilling their obligations to pay any taxes and or import duties applicable as such amounts are not known to or within the control of the supplier.

This Website, telephone ordering, and these terms and conditions have been designed for use within the UK. Whilst Michael Jay Tailoring will consider orders from outside the UK, Michael Jay Tailoring give no warranty, express or implied, that the Website, telephone order service or the placing of any order through the Website or via the telephone from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any sales or services not permitted under your local law are not offered to you. Furthermore, Michael Jay Tailoring reserves the right to refuse any order at its discretion from overseas customers and it will have no obligation to provide you with any reasons for refusing an order.

11) Filing of Contracts

We will not file a copy of the contract

12) Changes to the Terms and Conditions of Sale

Our terms and conditions of sale may be amended from time to time. Please review them regularly. If you continue to use the Website or the Telephone Order Line after a change has been made you are deemed to have accepted it.

13) Law and Jurisdiction

These terms and conditions of sale shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the Website, the Order Line or these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.

14) Comments and Complaints

If you have any comments or complaints to make about purchases made through the Website or via the telephone please send them to:

Customer Service
Michael Jay Tailoring
5 Tomo Business Park
Stowmarket
Suffolk
IP14 5EP
United Kingdom.

Email: shop@michaeljaytailoring.com

15) Advice & Guidance On Consumer Rights

You can find advice and guidance on your rights as a consumer at:

Citizens' Advice Bureau: www.citizensadvice.org.uk

Trading Standards Office: www.tradingstandards.gov.uk

Date: 12th June 2013
Rev: 2.0

Date: 28th June 2016
Rev: 3.0



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