1. OUR CONTRACT
Our website invites You to buy Goods from Us. A legally binding contract with You will only arise once Made 2 Measure Express Limited has received payment for the Goods in full from You. We Shall notify You of acceptance of Your order by e-mail to the e-mail address given by You in the order form. We cannot accept orders placed by persons located or resident outside of the United Kingdom.
2.1 The price for any Goods ordered by You Shall be the price shown on the order confirmation section of the Made 2 Measure Express Limited website at the time You place Your order and will include all taxes applicable from time to time.
2.2 In addition to the price, a delivery charge may be payable in respect of deliveries made to locations within the UK mainland other than an order for sample swatches of fabric alone. The delivery charge will be that shown on the order confirmation section of the Made 2 Measure Express Limited website at the time You place Your order. If there is any change in the delivery charge We Shall notify You before Your order is accepted by Us and ask You to confirm that You wish to proceed with Your order. Delivery to locations outside of the UK mainland will be made only with Our express prior agreement and additional delivery charges may be payable in that event. If You require delivery outside of the UK mainland You are advised to contact Us on Our enquiry line or by e-mail in advance of placing Your order. If there is any change in the delivery charge payable We Shall notify You before Your order is accepted by Us.
2.3 Subject to clause 6, We will debit the price, plus any delivery charge, from Your debit or credit card when We receive Your order or as soon as reasonably practicable thereafter. If more than one item is ordered We may deliver the Goods in instalments but, if We do, We will not charge more than one delivery fee.
3. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
3.1 Subject to clause 3.2, You may cancel Your order with Us for the Goods You have ordered at any time up to the point of it going into manufacture.
3.2 You cannot change or cancel Your order if the Goods You have ordered are manufactured, measured or custom-made to Your requirements or specifications as these Goods will not be resalable by Us. We regret that once Your order has been accepted by Us in relation to such Goods and entered on Our manufacturing process We are unable to accept changes to these Goods or cancellation of Your order without levying a handling fee (see below). If prior to delivery You do wish to change Your order or cancel it after We have accepted it please contact Us as soon as possible by email or our telephone order helpline as described above and We Shall try to assist You. Our acceptance of cancellation of Your order will be subject to retention by Us of a handling charge equal to 30% of the price paid for these custom-made Goods. The balance of the price paid will be reimbursed to You within 30 days of notification of cancellation by re crediting Your debit or credit card. To cancel Your order You must notify Us by e-mail at firstname.lastname@example.org with Your order number or call the telephone order help-line on 02083470051.
3.3 If You have received the Goods before You cancel Your order under clauses 3.1 or 3.2, please contact Us as soon as possible by e-mail or on Our telephone order help-line as described above for guidance on how to pack Your Goods and arrange a suitable time for Us to collect the Goods from You. If You cancel Your contract but We have already processed the Goods for delivery You must not unpack the Goods when they are received by You and You must contact Us as soon as possible by e-mail or on Our telephone order helpline as described above to arrange a suitable time for Us to collect the Goods from You.
3.4 Subject to the provisions of clause 3.2, once You have notified Us that You are cancelling your order, any sum debited to Us from Your debit or credit card will be re credited to Your account as soon as possible and in any event within 30 days of cancellation of Your order provided that the Goods in question are made available for collection from You and received by Us in the condition they were in when delivered to You and have not been modified or subject to misuse or negligence. If You do not make available for collection the Goods delivered to You, We shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re credited to You.
4. CANCELLATION BY US
4.1 We reserve the right to cancel Your order if:
4.1.1 We have insufficient stock to deliver the Goods You have ordered
4.1.2 You require delivery outside the United Kingdom; or
4.1.3 one or more of the Goods You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information made by Us and/or received by Us from Our suppliers.
4.2 If We do cancel Your order We Shall notify You by e-mail and will re-credit to Your account any sum deducted by Us from Your debit or credit card as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. STOCK SHORTAGES
If the Goods or the fabric You order are unavailable We Shall notify You as soon as possible and suggest a suitable replacement.
6. PRODUCT DESCRIPTIONS AND MEASUREMENT
6.1 The product information and photographs contained within Our website are provided for illustrative purposes only and We cannot warrant that they are accurate. If You are in any doubt as to the precise nature of the product or fabric You wish to order, You are advised to order a free sample of the product. Details of how to do this can be found on the questions and answer page of our website.
6.2 As the Goods which You order are manufactured according to the measurements You provide in Your order it is very important that Your measurements are accurate. We cannot accept the return of the Goods by reason of the measurements provided being incorrect. You are advised to read the How to Measure and Fit pages of Our website or call Our enquiry line on 02083470051 or contact Us by email at email@example.com if You would like guidance on how to take the required measurements accurately.
6.3 Whilst every attempt will be made by Made 2 Measure Express Limited to ensure that the Goods sold and delivered match in every respect any sample or description shown or given or sent to You, any minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle You to reject the Goods nor to claim any compensation for such variation or change.
6.4 When ordering by phone, orders will always be repeated back to YOU. Claims cannot be accepted based on us inputting sizes or products incorrectly over the telephone. YOU are then responsible for checking the order details on the email confirmation after placing the order.
7. DELIVERING YOUR GOODS
7.1 Made 2 Measure Express Limited will deliver Your Goods to the address You have provided on the order form for delivery on the date that You have specified on the order form and in any event within 30 days of the day after Your order was placed unless a later date is agreed with You.
7.2 Notwithstanding clause 7.1, whilst we shall use our reasonable endeavours to meet the delivery date specified by You on the order form if We shall not be able to accept this delivery date We reserve the right to require You to select an alternative delivery date by notifying Us by e-mail at firstname.lastname@example.org with Your order number or call the order help-line on 02083470051 with Your order number.
7.3 Ownership of, and risk in, the Goods will pass to You once they have been delivered to You. If You return the Goods under clauses 3 or 8, ownership of, and risk in the Goods returned will pass to Us on receipt of the Goods by Us.
8. DEFECTIVE GOODS
8.1 Made 2 Measure Express Limited warrants that all Goods sold to You will be free from defects in either material or workmanship for a period of 12 months from delivery of the goods to You.
8.2 If Your Goods are defective on delivery or a defect arises within the following 12 months, You are entitled to return them to Us provided You have first contacted Us through the telephone order help-line or e-mail address shown on Our web-site, or in writing at the address set out in the Contact Us section of Our web-site, giving Us details of the defects, but only if We have agreed that the Goods should be returned to Us. If it appears that the Goods are defective We shall promptly arrange:-
8.2.1 for a courier to collect the defective Goods from You in order to repair the Goods and return the repaired Goods to You, free of charge; or
8.2.2 for a courier to collect the defective Goods from You and simultaneously deliver replacement Goods of similar quality and specification, free of charge; or
8.2.3 if the Goods are defective on delivery, and You so request, arrange for a full refund of the price and delivery charge of the defective Goods by crediting Your debit or credit card within 30 days of receipt of the defective Goods provided that the Goods have not been modified or subject to misuse or negligence. Please contact Us on Our order help-line or by e-mail as described above for guidance on how to pack Your Goods to return them.
8.3 No liability under clause 8.2 shall arise unless the price and the delivery charge have been paid in full on or before delivery.
8.4 If the Goods are not defective, or are returned to Us after the period of 12 months from delivery of the Goods, or they have been modified, misused or the subject of negligence, You will be responsible for the payment of Our charges on a time and materials basis in respect of any repairs and collection and return of the Goods which We agree to carry out at Your request. We shall be entitled to debit such charge on the debit or credit card which You used to order the Goods provided We notify You of the amount of such charges before carrying out the repair.
8.5 Except where You are a consumer, Made 2 Measure Express Limited will not be liable for any indirect or consequential loss or damage or loss of profits arising out of Our supply or failure to supply the Goods to You.
8.6 The rights You have under clauses 8.1 and 8.2 above do not in any way seek to limit Made 2 Measure Express Limited ’ liability for death or personal injury resulting from Made 2 Measure Express Limited ’ negligence and they do not limit any statutory rights You have as a consumer.
8.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our website. The importation or exportation of certain of Our goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.
8.8 Except where You are acting as a consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or condition of the Goods whether implied by statute or common law or otherwise are excluded to fullest extent of the law.
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of this website or by any employee or agent of Made 2 Measure Express Limited shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
10. USE OF CARDS
By placing an order You authorise Made 2 Measure Express Limited at its discretion to carry out a credit reference or an other enquiry upon Your financial status as Made 2 Measure Express Limited thinks fit and You agree to provide such written authorisations which may be required for the purposes of such enquiry. In the absence of such authorisation We shall be unable to process Your order.
11. EVENTS BEYOND OUR CONTROL
We shall have no liability to You for any failure to deliver Goods You have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to Goods delivered that is caused by an event or circumstance beyond Our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
13. THIRD PARTY RIGHTS
Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. GOVERNING LAW
This contract is subject to English law and the exclusive jurisdiction of the English courts.