General Terms and Conditions
By trading on this site/paying, you agree to the following conditions automatically. We, therefore recommend, you read through the terms before you buy from www.primandclover.com.
1.1 Customer means the person who buys or agrees to buy the goods from the Seller.
1.2 Conditions means the general terms and conditions set out here and the special terms and conditions as specified on the Customer order form.
1.3 Goods means the items purchased by the Customer from the Seller
1.4 Price means the price for the goods specified on the customer order form.
1.5 Seller means Prim & Clover LTD.
2. Applicable Conditions
2.1 Except in circumstances when the customer enters into a credit sale agreement on the Sellers standard form, these conditions shall apply to all contracts for the sale of Goods by the Seller to the Customer to the exclusion of all other terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar documents.
2.2 All Orders for Goods shall be deemed to be an offer by the Customer to purchase goods pursuant to these conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these conditions.
2.4 Any variations to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these conditions shall affect the statutory rights of any consumer.
3.1 The Price shall be the Price as informed by the Seller via website or as written agreement for special requests.
3.2 The Seller shall not be bound to deliver Goods until the Customer has paid for them. For the purpose of this clause 3.2 a Customer shall be deemed not to have made any payment unless and until any payment by the Customer in respect of the price shall have cleared.
4. Delivery of Goods
4.1 The Seller shall not be obliged to deliver the Goods to the Customer other than at the address provided by the Customer, unless otherwise agreed in writing. Seller shall be under no liability for any failure on the part of the delivery service.
4.2 The Seller shall notify the Customer (which notification may be either verbally or in writing) as soon as the Goods are ready for shipment. The Customer shall examine the Goods and thereupon determine that the Goods are in proper condition and suitable for their purpose or notify the Seller of any genuine defects on the condition of the Goods whereupon the Seller shall be afforded reasonable opportunity to rectify such defect. In the absence of any notification of such defects at the point of examination within 48 hours of delivery, the lack of notification shall be conclusive as to the quality and fitness of the Goods.
5. Sizing and Measurements
5.1 Goods are custom, “made-to-fit” and therefore produced based on measurements provided by the Customer, however, minor alterations might be required for an exact fit. Alterations are not included in the purchase Price of any Goods.
5.2 The Seller shall collect Customer’s measurements including bust, waist, lower waist, torso length and hip as provided by the Customer in the Customer’s profile. Customer’s measurements are taken at the point of ordering, and samples are produced or provided by the Seller in accordance with those measurements. The Customer has the opportunity to contact the Seller with fit concerns before ordering the Goods. Once the Goods have been ordered, any changes in a Customer’s measurements and costs incurred as a result of those changes are the responsibility of the Customer.
5.3 The Seller will not be responsible for any change in the Customer’s body size and shape between order and delivery. The Seller will not accept liability if the Goods do not fit, or accept liability should the Goods need major alterations or otherwise due to weight loss or weight gain. The Seller will, however, advise the Customer as to how to go about making proper alterations.
5.4 The Seller will not be responsible for disinclination after collection or for any damage caused to the Goods after collection, due to weight loss or weight gain.
6. Fabrics and Trim
6.1 Exact colours, shades of fabrics and designs on trim including lace and beading (all Goods) cannot be guaranteed and may differ from the sketches and photographs appearing on the Seller’s website.
6.2 Fabric swatches sent to the Customer as part of the sample pack may not be cut from the actual bolt of fabric used for the Customer order and as these are all-natural fabrics, minor or slight variations may occur.
7. Fitting and Alterations
7.2 Unless otherwise agreed in writing, the Seller shall be under no obligation to undertake any fittings or alterations to the Goods.
7.3 The Seller shall not be liable for faulty workmanship or damage caused by a third party. This includes damages to the Goods by fittings or alterations to the Goods, undertaken at the Customer’s request by a third party.
7.4 The Seller shall not be liable for delayed sample fittings or alterations and the shipping of such. The Seller will not accept any liability for any delays and inconvenience caused to the Customer for the samples or final dress.
7.5 Fittings and alterations to the Goods shall not be undertaken by the Seller and are the responsibility of the Customer. The Seller shall not be liable for any damages incurred by alterations of the Goods made by a third party.
8. Property and Risk in Goods
8.1 Property and risk in Goods shall pass on delivery of the Goods to the Customer. Once the Goods have left the Seller’s premises, the Seller cannot accept any responsibility for the Goods, for disinclination or for any damage caused to the Goods thereafter.
9. Sale Goods
9.1 Sale Goods are sold as seen and no refunds will be given.
9.2 Discounts given on Sale Goods reflect the condition of the Goods and the Customer shall be responsible for examining the Goods and be satisfied of any faults or defects before purchase.
10.1 The Customer may cancel the order of the samples within 24 hours from the purchase/order date, at which point the Customer will be refunded the full deposit amount and the order will be immediately dismissed by the Seller. After 24 hours, the Customer will forfeit any deposit paid.
10.2 After the Customer orders the final dress and pays the remainder amount to the Seller, the Customer has 48 hours upon receiving the Goods to contact the Seller with just reason for a refund, and allow the Seller to rectify any flaws or errors. If the Seller is unable to amend said flaws or errors to their mutual satisfaction, the Seller with grant the Customer with a full or partial refund.
12. Force Majeure
12.1 Events outside the Seller’s control, which is not reasonably foreseeable, shall be considered force majeure, meaning the Seller is released from all obligations to fulfil contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.
13. Goods remain the property of the Seller until the Customer has paid in full.
Please see below for further more detailed information:
By paying the deposit, the Customer is hereby declaring he or she is of legal age to do so and adhering to these terms and conditions. By paying the final invoice the Customer is also acknowledging and accepting these terms and conditions.
It is the Customer’s responsibility to read these terms and conditions before ordering/purchasing, and the Seller reserves the right to make changes to the website and its contents without prior notice.
On completion of the Prim Pack order, the Customer will be required to pay an initial amount. This amount shall act as a deposit toward the final Goods. If the Customer chooses not to move forward with ordering the final Goods, the Customer forfeits the paid deposit. If the Customer has any questions about this policy, please see the Seller’s FAQ. The chosen designs will be shipped to the Customer at the ‘shipping address’ in the Customer’s profile/account. The Customer will be emailed a tracking number of all Goods shipped, and is responsible for the Good’s whereabouts while in transit. Should the Customer lose or gain weight before receiving the Goods, the Customer will have an opportunity to contact the Seller to arrange for additional Goods. All Goods received in the Prim Pack are to be kept for three days and shipped back to the Seller via the provided packaging, in pristine condition, with all tags in tact (never having been removed). If the Customer needs additional time to try on the Goods, the Customer must contact the Seller immediately to arrange for additional time. If the Customer returns the Goods late, damaged in any way and/or having been worn for any other purpose other than trying them on, the Customer will incur additional charges to cover said damages. If the Customer keeps the samples, he or she will be charged in full for all Goods unreturned.
Prices and Payment
Prices for products are quoted on our website and are inclusive of all value added taxes (where applicable). It is always possible that some of the Prices on the website may be incorrect. We will verify the price as part of our sales procedure. The product’s correct price will be stated as part of the order confirmation process.
Goods will only be produced after payment confirmation at both stages.
In addition to the price of the Goods, you may have to pay a delivery charge which will be stated when you pay for the Goods.
Payment must be made upon the submission of an order. We may cancel the contract or withhold the Goods if payment is not received in full and are cleared funds. A confirmation email will be sent to confirm payment has been made and funds cleared. If the Customer has not received a confirmation email, then the payment has not been received by the Seller. Please, contact the Seller if there was an error during the payment process.
Prices for products are liable to change at any time, however changes will not affect contracts which have come into force.
Special requests may result in Price adjustments, which will be informed to the Customer and must be approved by the Customer in writing before payment completion is made.
***(We accept payment online by Visa, Mastercard, Switch/Maestro, Solo, Electron, American Express and Paypal.)***
Delivery of Goods
All our Goods are made-to-order, therefore, our delivery times may vary. It does, however, guarantee that the order placed has been specifically made for the customer. By placing an order with the Seller, the Customer warrants they will be able to accept delivery of the Goods shipped, and sign for them. If the shipping carrier has been unable to deliver or obtain a signature, and the items are returned to the Seller, any subsequent delivery costs will be at the Customer’s expense and must be paid prior to re-delivery.
The Seller’s turnaround time for orders (excluding shipping) are as follows:
Samples: 2-4 weeks
Completed Garment: 10 weeks
These are estimated delivery times and does not necessarily include shipping. Within UK, shipping times vary from next day to one week; for Europe, 4-10 days; for the US, 2-4 weeks.
All orders will be shipped by UPS. Please note estimated delivery times are to be used as guidance only, commencing from the date of despatch, do not include weekends and holidays and are not guaranteed. The Seller is not responsible for any delays caused by circumstances outside our control. The Seller will do its best to inform the Customer of any unexpected delays.
If the Customer would prefer to use a specific courier (other than UPS), there will be an additional charge. Please, The Seller for courier options.
If the Customer requires his or her item earlier, please notify the Seller.
The Seller charges extra for rush orders, starting at £300. Seller will agree on a final price with the Customer before final charge will incure.
Please note, delivery times exclude bank holidays and weekends. If the Customer has a specific time frame, please let the Seller know. Please, contact the Seller with any further questions.
If for some reason, the Customer’s Goods do not arrive as scheduled, and tracking information is unreliable, please contact the Seller as soon as possible.
If the Customer has used the builder to design his or her Goods, the Customer’s Goods will be made based on measurements provided by the Customer and supplied to the Seller at the time of ordering. Please follow the instructions on the measurement guide carefully, as the Seller is not responsible for inaccurate measurements. It is the Customer’s sole responsibility to provide the Seller with correct measurements. The Customer will have an opportunity to contact the Seller if the Goods do not fit. Once the final Goods are in production, the Seller may no longer be able to make alterations. The Seller is also not responsible if the Customer incurs a change in size during or after the Goods are in production.
Fabric and Trims
Although the Seller makes every effort to describe the Goods as accurately as possible, by accepting these terms and conditions, the Customer acknowledges the unique, natural fabrics and the hand-crafted nature of the Goods mean there might be slight variations in the texture or colour of fabrics.
After the Customer has received his or her Goods, any alterations are the Customer’s financial responsibility.
Fabrics used to create the Seller’s Goods require specific care. Therefore, for proper cleaning, pressing and storage of the final Goods received, please follow all care instructions included with the final Goods provided to the Customer.
The Seller strives for accuracy in all item descriptions, pictures and availability, links, pricing and any other item-related information contained in or referenced on our website. Due to typographical error, human error, incorrect or updated information the Seller cannot guarantee all item-related information is entirely accurate, complete or current and the Seller cannot assume responsibility for these errors.
In the event of an error in an item’s description, pictures, availability or delivery options, pricing, etc. due to typographical error, human error, incorrect or updated information the Seller reserves the right to refuse or cancel any orders placed for these items and immediately correct and/ or remove the information.
However, Orders placed for items with incorrect or inaccurate information may not be honoured and may be refused or cancelled regardless of confirmation. The Seller also reserves the right to refuse orders where product information has been mis-published; including, but not limited to prices and promotions.
Nothing in the terms of sale will:
Limit or exclude the liability of a party for death or personal injury resulting from negligence;
Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by the party;
Limit or exclude the liability of a party under Section 12,13,14 or 15 of the Sale of Goods Act 1979 or Part 1 of the Consumer Protection Act 1987;
Limit any liability of a party in any way that is not permitted under applicable law;
Exclude any liability of a party that may not be excluded under applicable law.
Any statutory rights that you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere within these terms of sale (a) are subject to paragraph 10.1 and 10.2 above and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you for any losses arising out of any event or series of events beyond our reasonable control.
We will not be responsible for any business loss (including loss of profits, revenue, contract, commercial opportunities, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss even if the loss was reasonably foreseeable to both you and us when you commenced using the website or when the contract for the sale of goods was formed.
Alteration of Service or Amendments to the Conditions or Contract
We reserve the right to make changes to our website, policies and these terms and conditions of Purchase at any time.
You will be subject to the policies and terms of condition of Purchase in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Contracts under these terms of sale may only be varied by an instrument in writing and signed by both you and us.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to paragraphs in the above: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
We will not be responsible for any delay or failure to comply with our obligations under these conditions if the failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
If any of the provisions of these terms of sale is held to be unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
MONIES ARE NOT REFUNDABLE OR TRANSFERABLE TO OTHER ORDERS. ONCE GOODS ARE ORDERED YOU HAVE NO RIGHTS IF YOU SIMPLY CHANGE YOUR MIND (Sale of Goods Act 1979).
Nothing in the above shall affect your statutory rights.
Our full trading name is Prim & Clover LTD.
This website at www.primandclover.com (“the Site”) is owned and operated by Prim & Clover Ltd whose registered office is at Prim & Clover, 17 Coborn Road, London, E3 2DA and registered number is 09838709 you can access this at www.companieshouse.co.uk. Any references to “we” or “us” mean Prim & Clover Ltd. You can contact us on firstname.lastname@example.org.
In consideration of making this Site available to you free of charge, you agree that by accessing and using the Site and all the material and information provided on it (the “Content”) you will be bound by these Terms that appear below.
Nothing in these Terms shall affect your statutory rights if you are a consumer.
Use of Content
Modification of these Terms
Links to Other Websites
Disclaimer and Limitation of Liability Termination/Access Restriction General
Choice of Law and Jurisdiction
1. Use of Content
1.1. The copyright, database rights, trade marks, domain names and other intellectual property rights in all material, pictures and information on the Site (“the IPR Content”) belongs to us or (if it has been licensed to us) to the licensor.
1.2. You may download or print off copies of the IPR Content of this Site for your personal, non commercial use and information only.
1.3. If you do download or print off copies of the IPR Content you must retain any copyright or other intellectual property notices contained in the original material.
1.4. You are not permitted to copy or adapt the IPR Content, layout or code of this Site, or create an archive or database containing all or parts of the IPR Content for any business purpose or other commercial exploitation, without our specific consent.
1.5. Our name may not be used in any way, including in advertising or publicity amounting to distribution of materials on this Site, without our prior written permission.
2. Disclaimer and Limitation of Liability
2.1. We provide the Site to you on an ‘as is’ and ‘as available’ basis. We try to ensure that all of our Content is accurate and up-to-date but you should not rely on any of the Content on the Site. We shall not be liable for any losses or damage that anyone may suffer as a result of relying on the Content.
2.2. We cannot guarantee the speed or security of the Site. We shall not be responsible for the presence of any viruses, electronic bugs, Trojan horses etc and any damage that they may cause or loss that you may suffer, whether directly or indirectly as a result of a virus attack that is traced to our Site.
2.3. We will not be liable for any direct, indirect or consequential losses that you suffer through your access or use of the Site or other material on the internet via web links from this Site.
2.4. We do not restrict our liability in respect of fraudulent misrepresentation or in respect of death or personal injury directly caused by our negligence or any matter which it would be illegal for us to exclude or attempt to exclude our liability.
3. Modification of these Terms
3.1. This Site is compiled for information purposes only. As such we may change these Terms from time to time so you should check them regularly. You will be bound by any changes to these Terms from the time you next access the Site. If you do not agree with any changes to these Terms please do not continue to access the Site.
4. Links to Other Websites
4.2. No links are permitted to the Site and other sites are not permitted to embed text in the Site without our express consent in writing.
4.3. We will not allow any use of our logo as a ‘hot’ link to the Site unless we approve in advance and in writing the establishment of such a link.
5. User Account
5.1. You can create your own user account on the Site (“User Account”). Once logged in to your User Account, you will have access to the full range of our products and services.
5.2. Further terms and condition will apply if you create a User Account, in addition to these Terms. You must read and accept those further terms in order to create a User Account.
7. Termination/Access Restriction
7.1. We reserve the right, in our sole discretion, to terminate or restrict your access to the Site and/or your User Account at any time, without notice.
7.2. We have no obligation to maintain any IPR Content or to forward any unread or unsent messages to you or any third party.
8.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
8.2. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect.
8.3. Failure by either of us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
9. Choice of Law and Jurisdiction
9.1. These Terms are governed by English Law and you agree to submit to the non-exclusive jurisdiction of the English Courts irrespective of the location from which you are accessing the Site.