Terms of Business between Kelly Ewing and You.
When placing an order for a made to order item, you must ensure that you have ordered the correct standard size (see size guide). If you are unsure of what size to order you must contact Kelly Ewing to seek advice. Alternatively you can provide your own measurements (see measurement guide) or if possible you are welcome to visit Kelly Ewing’s studio in Leeds to be measured.
Due to the fact that every piece is made to order / made to measure Kelly Ewing will not accept liability for the following –
Change of mind
Change of shape or size
However, Kelly Ewing will make any alterations you wish for an additional fee of £25 p/hr.
Every Made to Order item will be ready in no longer than three weeks from the point of order, usually faster – unless special circumstances, such as, alterations or changes agreed with Kelly Ewing. In these cases Kelly Ewing will write a new agreement that you both must be happy with.
For Bespoke items please email to discuss your design and fabric choice – Kelly Ewing will then follow up with fabric samples / design ideas and once you are happy, a personalized agreement will be emailed.
As the author and designer Kelly Ewing asserts her rights in and relating to the design and copyright of the work, together with all neighbouring rights and will retain ownership of the toile(s) and block.
Should you breach your obligations, Kelly Ewing reserves the right to terminate the arrangement.
Except in circumstances where Kelly Ewing is not permitted to exclude liability – such as death or personal injury caused by her negligence or for personal injury caused by a defect in her products – Kelly Ewing’s total liability to you in respect of each dress shall not exceed, in aggregate, the amount Kelly Ewing has been paid by you for the dress in question.
It is also a condition of the arrangement that Kelly Ewing shall have no liability for:
Indirect, incidental or consequential loss or damage
Loss of profit
Any additional costs incurred or anticipated savings lost
however arising or whatever their cause, in connection with the arrangement and/or any dress.
You acknowledge that the exclusions and limitations are reasonable and that they are reflected in the price you are charged for the dress and work done in connection with the dress.
These terms shall be incorporated in any arrangement between us and will not be amended, except with my prior written agreement.
Any dispute will be subject to English law and shall be subject to the jurisdiction of the English courts.