Terms and conditions

Below are the terms and conditions on which I provide garment-designing and tailoring services (the ‘Design Services'). References to ‘you’ in these terms shall refer to the customer, and references to ‘me’ or ‘I’ shall refer to Nooshin Bakhshi, trading as Nooshin.

1. Initial Consultation
   1. Before I provide any Design Services, I shall perform an initial consultation as to your requirements (the 'Initial Consultation'). As part of the Initial Consultation, I shall visit you in your home, or you shall visit me, and I will hear from you what Design Services you require, and suggest to you possible solutions.
   2. My charge for an Initial Consultation will depend on the location, being free within the Greater London area or a fee I will notify you of beforehand based on my time and expenses of travel. This charge (if outside London) will be payable whether or not I will, subsequent to the Initial Consultation, be providing any Design Services.
   3. During the Initial Consultation, we shall discuss together what Design Services you would like me to provide and what garment style you would like me to design, and I shall try and provide you with a Garment type and specification which you are happy with (‘the Design’).
   4. If you agree that you are happy with the design I have proposed, and I am willing to perform the Design Services that you require, I shall then take your relevant body measurements such as I may consider required to adequately tailor your Garment (‘the Measurements’), and provide to you a written quotation of my fee for carrying out those Design Services (the 'Quotation') set out on my order form.
2. Performance of the Design Services
   1. If you wish me to perform the Design Services, you must indicate your acceptance of the Quotation and these terms and conditions by signing and returning the order form.
   2. Exactly what the Design Services will consist of will depend on your requirements, and will be clearly set out in the Quotation. Normally, the Design Services will include some or all of the following:
      1. I shall, after the agreement of the Design at the Initial Consultation, specify my design in more detail and begin to produce the Garment to the Measurements. At an appropriate stage in the production at such time and place as you and I shall agree (but by no later than 4 weeks after the Initial Consultation unless we shall agree otherwise), we shall meet for a fitting of the Garment (‘the Fitting’).
      2. I may, at my discretion, agree to make such minor amendments you request to the Design at the Fitting as shall be reasonably capable of being made without significant revision of the design.
      3. If such amendments are to involve more time and attention by me, or additional material costs, I shall be entitled to charge you for the same. I will try and provide you with an estimate of those additional charges at the Fitting or as soon as practical afterwards. I reserve the right to refuse alterations to the design of the Garment which are not practically possible in my opinion. 
      4. If at the Fitting your Measurements have changed to such an extent that the Garment is not capable of being fitted to your current size then you shall either instruct me to continue to finish the Garment based on the Design and Measurements in the Quotation, or such other design and/or Measurements as in my opinion the garment can be made to without significant revision. In the absence of such instruction I reserve the right to complete the garment to the initial Measurements.
3. Payment
   I accept payment in cash or cheque. I am not registered for VAT. Payment (in addition to the fee for the Initial Consultation, which shall be paid at that time) will be by you to me in the following stages:
   50% of the Quotation sum upon acceptance of the Quotation at the Initial Consultation; and
   the remaining 50% of the Quotation, together with any additional charges made under clause 2.2.3 above, within 30 days of my delivering to you the finished garment.
4. Confidentiality
   I shall treat all personal information, including the Measurements, supplied by you as confidential. I shall not disclose such information to any third party without your prior permission, except where required by law or for the purposes of ensuring your garment is tailored correctly. I may ask your permission to use photographs of completed design work in my publicity, but I shall not make any such use without your permission. I shall treat all personal data in accordance with the requirements of the Data Protection Act 1998.
5. Intellectual Property
   The copyright and database right in all designs, sketches and artwork drawn up by me as part of the Design Services shall belong to me.
6. Warranty and acknowledgments
   1. My aim is to provide Design Services using the best care and skills to my ability.
   2. While my hope is that the outcome of the Design Services will give you pleasure for many years to come, I cannot guarantee this, among other reasons because of the factors mentioned in the remainder of this paragraph.
   3. You acknowledge that:
   1. all decisions as to the selection of materials, finishes and colours are yours, even if they are recommended by me; and
   2. the actual materials and finishes used may differ from any samples provided to the extent generally accepted in the trade;
   3. it may be necessary to modify the design as work proceeds to address circumstances that could not have been foreseen when the design was drawn up. In particular, you acknowledge that it may be necessary to extend the timetable for the work, or to use other materials of equivalent quality to those set out in the Quotation;
   4. if you wish to terminate the Design Services before they are completed, or if they are terminated before they are completed because of a default on your part, you will be liable to pay my full fee as set out in the Quotation.
7. Liability and indemnity
   1. My liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to my fee for the Design Services, having regard to such factors as whether the damage was due to a negligent act or omission by me. I shall have no liability for any consequential or indirect loss suffered by you, such as loss of earnings, loss of time, or any other expenses caused by delay to any work by me.
   2. You agree that you will indemnify me against any and all loss or damage suffered, including any legal fees or costs, as a result of any negligence or breach of this agreement by you.
   3. The contract between us for the Design Services is governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any claim or dispute in relation to the contract.