These terms (the “Standard Terms of Supply”) should be read in conjunction with the Membership Terms and all capitalised terms in these terms shall have the same meaning as in those Membership Terms. The Standard Terms of Supply apply to any contract for the purchase of Products agreed through the Site (each a “Supply Agreement”) between a Designer and Client.
A. Bespoke Design Briefs
Typically, a Supply Contract will involve a Designer and Client agreeing upon a Design Brief which explains: the garment(s) the Designer will use as a starting point (which the Client will be responsible for sending to the Designer, including information about their dimensions, textures and other characteristics); what services the Designer will be providing (this could be described in writing in the Design Brief, or using examples, sketches, photographs and other references); what materials the Designer needs to use and associated expenses (for example, a Designer may need to purchase additional fabrics, accessories and other materials to carry out the work, and pay postage for delivery);how long the work may take (an estimate of the labour costs involved for the service); and timescales for delivery (which will generally be subject to the Client promptly posting the original garments, and responding to queries).
There will normally be a deposit payable immediately by a Client before the Designer starts work. Then, as the work progresses, the Designer may provide updates via messages through the Site, and once the work is complete and the Designer has sent an image of the finished product to the Client, the balance of the price will generally be payable before the Designer posts the garment.
This is the normal approach to ordering Products through the Site, but the Designer and Client are free to agree different or additional terms as part of their Design Brief, and any such terms will be incorporated into the applicable Supply Agreement when the Design Brief is accepted.
The Designer and Client may agree changes to the Design Brief under a Supply Agreement (including, without limitation details of the Products, the timescales, and costs) through the Site whether through written messages, or by submitting and accepting a supplementary or additional or replacement Design Brief.
A. Off-the-shelf Marketplace Products
Selected Designers may offer non-bespoke, finished products through the Site (this type of Product is referred to as an “Off-the-shelf Product”).
For Off-the-shelf Products, the design and fabrication of the item is complete (subject, in some cases, to any customisation or other tailoring required to meet the requirements of the Client) and is as described by the Designer on the Site (in which case this will be unilaterally determined together with the price for Off-the-shelf products as set by the Designer and published on the Site). This is an invitation to Clients to place an order to purchase the relevant Product, which order may be accepted by the Designer. If an order is not accepted (for example if a Designer is out of stock or otherwise unable to provide Off-the-shelf Products) then advance payments will be refunded.
The Client acknowledges and agrees that the Products (excluding Off-the-shelf Products) are bespoke, involve the artistic input of the Designer, and rely on materials supplied by the Client. All Products may differ in certain limited respects from the precise details, weights, dimensions, measurements, shapes, textures and colours in the description or Design Brief (including images in the description or Design Brief which are for illustrative purposes only) either due to their bespoke nature, or due to incidental variations in the production of Off-theshelf Products. Clauses 1.3-1.6 below do not apply to Off-the-shelf Products.
The Client shall ensure that any materials on which the Design Brief relies or which it refers to, to the extent they are to be provided by the Client, are delivered as described to the Designer in accordance with the Design Brief and that all information provided by the Client (for example relating to the colours, shapes, dimensions and other characteristics of materials to be provided by the Client) is accurate and comprehensive.
If the Client does not provide (to the extent they are required to provide, bearing in mind that the Designer may purchase additional materials separately and independently) all of the information and materials required by the Designer (as specified in the Design Brief) within a reasonable time through the RETURE Site, the Designer may either end the Supply Agreement (and clause 3.5 shall apply) or make an additional charge of a reasonable sum to compensate the Designer for any extra work that is required as a result.
If, upon inspection of materials delivered to the Designer by the Client or otherwise, it becomes apparent that the Designer is not able to deliver Products in accordance with the Design Brief (for example due to problems with the Client materials, information supplied by the Client, or technical, supply chain or legal issues), the Designer will notify the Client as soon as reasonably practicable.
Following such notification the Client may choose to agree variations to the Design Brief (if any) proposed by the Designer, or otherwise either party may choose to end the Supply Agreement. The Designer shall arrange for the Client’s materials to be returned and if the Supply Agreement is ended due to the fault of the Client, clause 3.5 shall apply. Otherwise the Designer shall arrange for the Client to receive a full refund. If the Designer is in breach of this Supply Agreement, the Client may also be entitled to compensation.
If the Client is not available to take delivery the carrier may leave a note informing the Client of how to rearrange delivery or collect the products from a local depot. If delivery fails other than due to the default of the Designer, the Client shall be responsible for any storage or further delivery costs, and if despite their reasonable efforts the Designer is unable to re-arrange delivery or 20 collection, the Designer may end the Supply Agreement and clause 3.5 shall apply.
If supply of the Products is delayed by an event outside the control of the Designer, the Designer will contact the Client as soon as possible to let them know and take steps to reduce the effect of the delay, in which case the Designer will not be liable for delays caused by the event.
Products are the responsibility of the Client from the time the Designer delivers the Product to the address specified by the Client, or when the Client collects them. Ownership of a Product passes to the Client once the Designer has received payment in full.
However, the Client may have a right to end the Supply Agreement contract in certain circumstances. The Client’s rights when ending the contract will depend on the Products, whether there is anything wrong with them, how the Designer is performing and when they decide to end the contract:
If the Client has changed their mind, within 14 days of acceptance of an order or a Design Brief, and before the services are completed or, in the case of Off-the-shelf Products which are not tailored to the requirements of the Client, within 14 days of delivery of the Product, the Client may cancel the Supply Agreement, subject to clause 3.2.3 and 3.2.4. The Client may not cancel under this clause where their order is for Off-theshelf Products which are tailored to the Client’s specifications).
If the Client cancels in accordance with clause 3.2.2 (unless the Products are Off-the-shelf Products and are not to be tailored to the requirements of the Client) the Client must pay: for any goods purchased or tailored to their specifications; for any services supplied up to the date of termination (including expenses and labour incurred towards Products which may be incomplete); and (where relevant) for the costs of delivery or return of the Products or Client’s materials (for the avoidance of doubt, the Designer will not be required to return Client materials until all outstanding sums due to the Designer in accordance with the Supply Agreement have been paid).
If the Client cancels in accordance with clause 3.2.2, where the Products are Off-the-shelf Products, the Client must pay the costs of returning the Products.
For Off-the-shelf Products purchased from the Site, the order cancellation and return policies may be described in further detail by the Designer on the Designer’s store on the Site.
To: [PLEASE ENTER DETAILS OF THE DESIGNER HERE] I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of co
If the Client is exercising their right to change their mind, the Designer will refund the price paid for the Products including delivery costs, by the method used for payment, within 14 days. However, the Designer may make deductions from the sums to be refunded, as described in this Supply Agreement, including, without limitation, sums due for services supplied up to the date on which the Client notified the Designer that they wished to change their mind.
If the Client does not comply with the terms of the Supply Agreement the Designer may end the Supply Agreement at any time, by notifying the Client in writing, including: where the Client does not make payment when due and still does not do so within 14 days of being reminded; where the Client does not provide all the materials and information specified within the Design Brief within a reasonable time or where the Client closes their account on the RETURE Site (which is required for the Designer to manage the project); or where the Client does not, within a reasonable time, collect the Products or allow the Designer to deliver the Products to them.
If the Designer ends the contract in the situations set out above, the Designer will refund any money the Client paid in advance for goods or services not provided but may deduct or charge the Client reasonable compensation for the net costs the Designer will incur as a result of the Client breaking the contract.
Liability is not excluded where it would be unlawful to do so. This includes liability for death or personal injury caused by the Designer’s negligence or the To: [PLEASE ENTER DETAILS OF THE DESIGNER HERE] I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate 23 negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of consumer rights in relation to the Products; for defective products under the Consumer Protection Act 1987; for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or any other matter in respect of which it would be unlawful to exclude or restrict liability
Designers only supply the products for domestic and private use. If Clients use the products for any commercial, business or re-sale purpose the Designer will have no liability to the Client for any loss of profit, loss of business, business interruption, or loss of business opportunity. All warranties other than those expressly set out in this Supply Agreement are excluded.
Subject to the foregoing, the Designer shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Supply Agreement; and the Designer’s total liability to the Client for all other losses arising under or in connection with the Supply Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of: (a) the sums paid for Products under the Supply Agreement; and (b) £1,000.
This Supply Agreement is governed by English law and the Client can bring legal proceedings in respect of the Products in the English courts or, where required by applicable consumer protection law, in the courts of the country where they are normally resident. The Client may also submit disputes for online resolution to the European Commission Online Dispute Resolution platform but the Designer shall not be obliged in all cases to make use of that platform.