TERMS AND CONDITIONS OF SALE – Please read carefully
1.1 “The Seller” shall mean Behuli by Sanyukta Shrestha and its associated trading divisions.
1.2 “The Buyer” shall mean the person, firm or body corporate or un incorporate contracting with the Seller whether as agent or not and if contracting as agent then the agent shall be deemed to include the principal of such agent.
1.3 “The Goods” shall mean all items sold by the Seller pursuant to the contract with the Buyer.
1.4 “The Contract” means the contract for the purchase and sale of the Goods (including any forward contract for an agreed quantity at an agreed price or a receipt of the payment from the Buyer).
- Basis of the Sale
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written or verbal quotation of the Seller, which is accepted by the Buyer.
- Price of Goods
3.1 The price of the Goods shall be the quoted price or where no price is quoted (or a quoted price is no longer valid) the price stated in the Seller’s current price list at the time of acceptance of the order unless expressly otherwise agreed in writing by the Seller.
3.2 All orders are subject to carriage charges at the seller’s current rate unless agreed in writing to the contrary.
3.3 The Seller reserves the right to alter its current price list at any time without prior notice.
3.4 All prices (including the cost of carriage) are subject to value added tax at the rate in force at the time of invoicing.
3.5 All prices of Sample Sale goods are determind by its condition by the Seller and discounts may vary depending its availability and demand.
3.6 The Seller reserves the right to charge for all preliminary work undertaken including appointments, artworks, toiles, samples and embroidery patterns produced at the Buyer’s request. Where no charge has been agreed then these will be at the value of work done and materials supplied.
- Payment (Purchases made at the Behuli Boutique or any Event around the world that Behuli Boutique showcased Sanyukta Shrestha collection)
4.1 New dresses ordered from the ‘Behuli by Sanyukta Shrestha’ shall be subject to a 50% payment of the total cost at the time of placing the order which in the event of a cancellation shall be non-refundable. Payment of the remaining order Price, including surpluses, VAT if applicable and delivery charges must be made in full before the goods will be released to the buyer. All goods remain the property of the Seller until payments have cleared in the Seller’s bank account.
4.2 All outstanding balances shall become due for payment at the time of the toile fitting or first fitting are taken unless agreed be the seller. Cleared payment is required in full before goods can be taken away from the premises. All goods remain the property of seller until full payments have been made. If the balance has not been paid within four weeks of being due, the order will be deemed to have been cancelled and goods may be put into stock for sale.
4.3 In the event that the buyer cancel part or full orders, all deposits/payments are forfeited by buyer. Seller reserve the right to collect any outstanding balances on cancelled goods. Buyer remain liable for any balance due in the event of cancellation.
4.4 The Seller reserves the right to charge interest on any balances overdue at a rate of 4.5% above the base rate from the stated payment date until payment has been received in full.
4.5 Sample sale or any discounted priced gowns shall be subject to full payment at the time of purchase and are sold as seen. Sample sale dresses which have been removed from the premises by the buyer (applies to any premises around the world where the event takes place including Behuli Flagship store bought from Sanyukta Shrestha representatives) shall be non-refundable and non-exchangeable. Reduced goods sold as “Sale”or “Used sample” maybe soiled and/or damaged. The buyer should examine the goods before leaving the premises as any specified faults or a change of mind by the buyer will not constitute grounds for a refund.
4.6 As all products stocked by Behuli Boutique are made to order, thus Seller is unable to offer refunds or exchanges on cancelled items.
4.7 If an order is placed by telephone and a deposit is paid this will be deemed as an acceptance of our Term and Conditions of Trade, a copy of which will be supplied on request.
4.8 The Seller reserves the right to charge interest on any balances overdue at a rate of 4.5% of due amount from the stated payment date until payment has been received in full.
- Return of Goods
5.1 The Seller cannot accept any goods for return if the buyer have purchased during the Sale event, that are sold as discounted sample.
5.2 Goods cannot be returned without the prior express consent of the Seller.
5.3 For reasons of hygiene all sample gowns, accessories tiaras, hair slides, veils and jewellery which have been removed from the premises once paid for cannot be refunded or exchanged.
5.4 Sample dresses are ‘sold as seen’ are non returnable. Whilst every effort is made to ensure these dresses are in perfect condition, there may be slight imperfections, from them being tried on, which should not affect the overall look. It is buyer’s responsibility to ensure that they are happy with the dress and the condition before making any payment. By paying the agreed amount, buyer is agreeing that any goods that the buyer is purchasing are in satisfactory condition and Seller accept no responsibility for those goods once they have left the premises or event that dress was purchsed from. Seller cannot accept any responsibility for damage or flaws noticed once thegoods have left the premises. It is buyers responsibility to check the goods thoroughly before they leave.
- Samples and Estimates
6.1 The production of samples prior to an order being placed does not constitute a sale by sample. Whilst every effort will be made by the Seller to produce compliance with the sample, the Seller will not be responsible for any differences between the sample and the Goods supplied due to circumstances beyond its reasonable control.
6.2 Whilst every effort will be made to give accurate estimates the Seller retains the right to amend initial estimates and quotations for embroidery on finalisation of production – ready embroidery patterns.
6.3 Where the Buyer supplies items onto which the Seller attaches goods sold pursuant to this contract the Buyer warrants that the items provided by it are suitable in all respects to accept the Seller’s goods on to them and that they are suitable for the fixing methods adopted by the Seller and the Seller accepts no liability for any loss or damage suffered by the Buyer as a result of the unsuitability of the items provided by the Buyer.
7.1 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other item, or any duty at common law, or under the express terms of the Contract, for any direct, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
7.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:-
7.2.1 Act of God, explosion, flood, tempest, fire or accident;
7.2.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
7.2.3 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
7.2.4 import or export regulations or embargoes;
7.2.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
7.2.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7.2.7 power failure or breakdown of machinery. The Seller accepts no liability for incorrectly applied decoration.
7.3 The Buyer accepts that there will be minor variations in colour, lace and fabrics, between the original supplied image and that produced by the Seller.
7.4 All sample sale dresses are sold as seen. If cleaning is requested Seller cannot be held responsible for any changes this may have on the gown.
8.1 Information regarding the Seller’s goods as contained in catalogues, brochures and any other media provided by the Seller to the Buyer is given in good faith but is intended as being approximate and it shall be the duty of the Buyer to rely on its own judgement as to the nature quality and suitability for its purpose of the Seller’s goods.
8.2 The Seller reserves the right to alter or amend specifications without prior notice.
9.1 MADE TO ORDER Gowns are ordered in standard sizes, please be aware that gowns sizes are different to that of high street sizes. Bought-in gowns are purchased on size only, based on the largest of bust, waist or hip measurements and agreed with the customer.
9.2 MADE TO MEAUSURE / BESPOKE GOWNS Made to measure gowns in most cases also still need alterations so please bear this in mind when choosing between a standard size and a made to measure gown.
9.3 Exact colours and shades on fabrics and designs on trim, including lace, cannot always be guaranteed. If a customer insists on a fit tighter than recommended, we will not be responsible. Equally, after the sales order contract has been signed and the order placed Behuli Boutique CANNOT AND WILL NOT accept any responsibility for gowns not fitting when collected due to the customers increase or decrease in weight or any other reason beyond our control.
THE PRICE OF GARMENTS EXCLUDES ALL COSTS IN RESPECT OR FITTING WORK. It is essential that customers bring their underwear being worn on the wedding day to all fitting appointments. Behuli Boutique offers fitting and alteration services, but these are carried out by independent couture seamstresses that are experienced and competent. All alterations are separate to the gown price and will be quoted on an individual basis. Any claims or complaints regarding fittings should be directed towards your seamstress and not Behuli Boutique as they are separate businesses. Fittings and alteration works may be carried out elsewhere if required, customers are not obliged to use the services provided by Behuli Boutique.
- Important Copyright Notice
It is an express condition of all contracts for the supply of designs, artworks, embroidery patterns, emblems, prints and embroideries that the Buyer possesses the full authority and permission of the Copyright Holder or Trade Mark owner to reproduce the design, motif or logo in question. The Seller supplies such designs, artworks, embroidery patterns, emblems, prints and embroideries in good faith and for lawful purposes only. Such supply does NOT constitute a warranty by the Seller that the design, logo or motif may be reproduced, and the Seller accepts no responsibility for any unauthorised reproduction thereof and the Buyer agrees to indemnify the Seller in respect of any claim action or demand made against the Seller in respect of any such breach. The Seller reserves the right to decline an order if it is believed copyright is being breached or the image is deemed offensive or obscene. The Buyer’s placement of an order signifies full acceptance of these Terms and Conditions and of the clauses herein.
All goods supplied by the Seller to the Buyer whether direct or to a third party shall be subject to carriage charges unless otherwise agreed in writing by the Seller.
The Contract shall be governed by the laws of England and be subject to the exclusive jurisdiction of the English Courts.
NOTHING OF THE ABOVE TERMS AND CONDITIONS SHALL AFFECT YOUR STATUTORY RIGHTS.