Terms of Service
- These terms
- Our Bespoke Wardrobe Service includes the following elements:
- our Wardrobe Consultation Service;
- production and supply of a Wardrobe by us; and
- alterations to and Personalisation of items within a Wardrobe.
- These are the terms and conditions on which we provide all elements of our Bespoke Wardrobe Service to our Clients.
- Please read these terms carefully before you submit your request for us to provide our Bespoke Wardrobe Service to you. These terms tell you who we are, how we will provide services and products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Our Bespoke Wardrobe Service includes the following elements:
- Information about us and how to contact us
- We are Spencer Hart Savile Row Limited a company registered in England and Wales. Our company registration number is 6035573 and our registered office is at 3rd Floor, 58 Queen Anne Street, London W1G 8HW. Our registered VAT number is 894 2235 06.
- You can contact us by telephoning our customer service team at +44 (0)207 935 3355 or by writing to us at email@example.com or 3rd Floor, 58 Queen Anne St, London, W1G 8HW.
- If we have to contact you we will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to us and that we include in your Order Form.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you for our Bespoke Wardrobe Service
- Our acceptance of your request will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
- If we are unable to accept your request, we will inform you of this. This might be because of unexpected limits on our resources which we could not reasonably plan for or because the information provided by you in your application is incomplete.
- Wardrobe Consultations
- If we accept your request for our Wardrobe Consultation Service, you will first be invited to a consultation appointment and then to a fitting appointment. The fitting appointment can be an extension of the consultation appointment, or a separate appointment.
- You will be asked to make your final selection of garments for your Wardrobe during your fitting appointment. There is no obligation to place an order for a Wardrobe either during or after a consultation and fitting appointment.
- During the fitting appointment, which will last at least one hour, we will seek to take all such measurements as are required to produce a made-to-measure Wardrobe for you. If you wish to place an Order without measurements being taken to our satisfaction, then you will be responsible for paying the costs of any post-production alterations required.
- Appointments will take place at the Spencer Hart showroom, unless you request the appointment to take place at your home.
- Appointments may be booked by us or by the Client.
- If we visit your home for a consultation or fitting appointment, you will be responsible for paying the travel, accommodation and daily subsistence expenses incurred by our employees as a result of their attendance at such appointment. We will notify you of the amount of these expenses and request payment of them prior to the appointment date. These costs and expenses are non-refundable and must be paid prior to the appointment taking place.
- Orders for Wardrobes
- During or following your fitting appointment, we will send an Order Form to you containing a description of your chosen Wardrobe (including any Personalisation of the garments within the Wardrobe that you have requested), the price payable (including any delivery charges) and the estimated delivery date. You may confirm your request for our supply to you of your chosen Wardrobe by signing and returning the Order Form to us.
- We will accept the Order Form by issuing an invoice to you in respect of your chosen Wardrobe. The contract for the Order will be formed at this point and will be subject to these terms.
- You may cancel or change your Order at any time within 48 hours of receipt of our invoice for such Order.
- If you wish to make a change to your Order after this time please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Wardrobe, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel the Order, in which case no refund will be made.
- A Client’s first Order must comprise at least one Core Wardrobe Collection. For a description of the wardrobe collections and single garment options available to Clients please refer to our website.
- If, after the Order is confirmed, your chosen fabric is no longer available, we may substitute a new fabric for the unavailable fabric. If the new fabric is significantly different from your chosen fabric we will notify you and you may then contact us to either confirm the substituted fabric or choose a new fabric. If no new fabric can be found to your satisfaction, you may cancel the part of the Order which cannot be fulfilled and we will refund you the proportion of the price applicable to the cancelled part of the Order.
- Delivery of the Wardrobe
- Unless you request collection of the Wardrobe from our London showroom, we will arrange delivery of the Wardrobe to your nominated delivery address specified in the Order Form. The Client is responsible for paying the cost of delivery of the Wardrobe to the Client’s nominated address specified in the Order Form, unless the Client’s nominated address is to a postal district within Greater London in which case delivery will be made free of charge. Delivery charges must be paid before we dispatch the Wardrobe.
- We will notify you of the proposed delivery date, which will be within 12 weeks of the day on which you pay for the Order. We will pay the costs of delivery of any part of the Wardrobe which is delivered later than 12 weeks after payment for the Order unless the delay is attributable to the Client.
- If our supply of the Wardrobe is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will pay the costs of delivery if the delay causes the Wardrobe to be delivered later than 12 weeks after payment for the Order. Provided we do all of this we will not be liable for delays caused by the event, but if there is a substantial delay you may contact us to cancel the Order and receive a refund for any parts of the Wardrobe you have paid for but not received.
- If you have asked to collect the products from our London showroom, we will notify you when they are ready for collection. Please ensure that you check our opening hours prior to visiting the showroom.
- If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.
- If you do not collect the Wardrobe from us as arranged or if, after a failed delivery to you at your address, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.5 will apply.
- We aim to deliver all garments within an Order at the same time, however, if 75% or more of the items comprising the Order is ready for delivery on the proposed delivery date, we will deliver the Order in two parts.
- The Wardrobe will be your responsibility and will be owned by you from the time we deliver the Wardrobe to your nominated address, or you or a carrier organised by you collect it from us.
- We may need certain information from you so that we can supply the Wardrobe to you, for example information relevant to a Personalisation request. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 10.4) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Wardrobe late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Post-Production Alterations
- If, following delivery, you require any alterations to or further Personalisation of your Wardrobe which fall within the Inclusive Alterations List, we will pay for a third party alterations service approved or sourced by us to carry out such alterations. The cost of two such rounds of alterations will be met by us. Any damage caused to the Wardrobe while alterations are carried out will be repaired at our cost.
- An additional fitting appointment may be required prior to each round of alterations, in which case clause 4 will apply. If you wish to proceed with any alterations without measurements being taken to our satisfaction at a further fitting appointment, then you will be responsible for paying the costs of any further round of post-production alterations required.
- If your Wardrobe has been Personalised, we will, at your request, arrange for such Personalisation to be removed at our cost during the first round of alterations only.
- If you wish the Wardrobe to undergo further Inclusive Alterations after the second round or if you require alterations outside the scope of the Inclusive Alterations List (including the removal of Personalisation after the first round of alterations), you will be responsible for arranging and paying for such alterations.
- Price and payment
- The price of the Wardrobe will be the price set out in the Order Form. The price will:
- include VAT, unless VAT is not properly chargeable; and
- be exclusive of all other taxes, duties and expenses for which you will be responsible.
- The price of the Wardrobe will be the price set out in the Order Form. The price will:
The Order Form will specify whether there is payable by you a non-refundable deposit as against the price.
- If the rate of VAT changes between your order date and the date we supply the Wardrobe, we will adjust the rate of VAT that you pay, unless you have already paid for the Wardrobe (including delivery costs) in full before the change in the rate of VAT takes effect.
- We will confirm your Order by issuing an invoice to you. We will also issue invoices to you in respect of the balance of the price (if you have paid a deposit) and any delivery costs, taxes, expenses, bank charges or duties payable by you.
- All invoices must be paid within 48 hours of receipt. We accept payment by bank transfer to HSBC, sort code 40 06 02, account number 82748231, BIC or SWIFT: HBUKGB4110H, IBAN: GB08HBUK40060282748231.
- We reserve the right to increase the price of a Wardrobe at any time before you confirm the Order, in which case we will re-issue the Order Form for your acceptance.
- Any bank charges imposed by your bank must be paid by you, and any bank charges imposed by our bank will be met by us.
- Any taxes or duties chargeable in respect of our Bespoke Wardrobe Service shall be payable by you in advance of delivery of the relevant Order.
- If you do not make any payment to us or if we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of % a year above the base lending rate of HSBC Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Your rights to end the contract
- You may contact us to:
- end your contract for our Bespoke Wardrobe Service at any time before you have paid for an Order;
- cancel an individual Order at any time before you have paid for such Order; or
- end your contract with us for one of the reasons set out in clause 10.2 below.
- If you are ending the contract for a reason set out below in this clause 10.2 the contract will end immediately and we will refund you for any items which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
- we have told you about a fabric substitution affecting the whole of the Order and we have been unable to find an alternative fabric of which you approve;
- there is a risk that supply of the Wardrobe may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done wrong.
- If you end the contract after the Wardrobe has been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. We will pay the costs of return.
- We may end the contract with you for our Bespoke Wardrobe Service and/or for any individual Order at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Wardrobe, for example, information regarding appointments or Personalisation of garments;
- you do not, within a reasonable time, allow us to deliver the Wardrobe to you or collect them from us; or
- you commit a material breach of any term of our contract and that breach is irremediable or (if that breach is remediable) you fail to remedy that breach within a period of 30 days after being notified by us in writing to do so.
- We may also end the contract with you for our Bespoke Wardrobe Service at any time when there are no outstanding Orders between us.
- If we end the contract in the situations set out in clause 10.4 and 10.5 we will refund any money you have paid in advance for items we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- The price of each individual garment on the Order Form is calculated by reference to the number and type of garments included in such Order Form. Prior to making payment of any refund due in respect of part of an Order only, we may reduce such refund by a percentage of the price of the garments which are not being refunded in order to reflect the discount that was applied by us to such garments when purchased within the same Order as the refunded garments.
- If there is a problem
- We are under a legal duty to supply products that are in conformity with our contract. Nothing in these terms will affect your legal rights.
- If you have any questions or complaints about our Bespoke Wardrobe Service, please contact us. You can telephone our consumer service team at + 44 (0)207 935 3355 or write to us at firstname.lastname@example.org or 3rd Floor, 58 Queen Anne St, London, W1G 8HW.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, except as set out in clause 12.2, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Wardrobe, including the right to receive goods which are as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Your personal data
- Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. This contract is governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre of Effective Dispute Resolution (CEDR) via their website at www,cedr.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
- Capitalised words and phrases in these terms shall have the following meanings:
Bespoke Wardrobe Service
the Spencer Hart bespoke tailoring service comprising one or more of the following: (a) our Wardrobe Consultation Service; (b) production and supply of a Wardrobe; (c) alterations to and Personalisation of items within a Wardrobe.
Client, you, your
an individual who requests us to provide a Wardrobe Consultation, or who otherwise engages us to provide our Bespoke Wardrobe Service.
Core Wardrobe Collection
Inclusive Alterations List
the list of inclusive alterations listed on our website, and an Inclusive Alteration shall mean any alteration on such list.
an order for a Wardrobe, which has been confirmed by the Client and us, in accordance with clauses 6.1 and 6.2.
a completed order form for a Wardrobe provided by us to you.
the inclusion of the special details or finishes on one or more garments within a Wardrobe.
a collection of Spencer Hart made-to-measure garments comprising one or more of: (a) a Core Wardrobe Collection; (b) a seasonal or themed capsule collection; (c) multiple purchases of one garment within a collection; and (d) single item garments.
Wardrobe Consultation Service
our service during which: (a) we evaluate our Client’s wardrobe needs based on the results of an online questionnaire completed by the Client and a face to face consultation; and (b) take our Client’s measurements for the purpose of fitting a Wardrobe to be made for our Client.