Terms & Conditions

These terms & conditions are applicable to colour services provided by the concept wardrobe.

Definitions

(1) "Client” means the client to whom the concept wardrobe is providing the Services.

(2) "the concept wardrobe" means the concept wardrobe Limited.

(3) "Services" means the services which the concept wardrobe will perform as described in a Packaged Service Description.

(4) "Data" means Client data to the extent that it relates to their requirements for Services or is necessary for the proper provision of the Services to the Client including, but not limited to, images of the Client.

(5) "Working Day" means Monday to Friday, excluding Bank or other Public holidays in England.

(6) “Digital Report” means the service report sold by the concept wardrobe and sent out to the Client via email as set out in a Packaged Service Description.

(7) “Packaged Service” means a standard pre-defined and repeatable service offering which the concept wardrobe will perform as described in a Packaged Service Description.

(8) “Packaged Service Description” means the internet page setting out the scope of a Packaged Service.

(9) "Service Fee" means the monetary compensation the concept wardrobe is entitled to for the provision of Services as set out in a Packaged Service Description.

Orders

(1) All contracts for the provision of Services by the concept wardrobe shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the Client. Once an order has been received, if the Client wishes to cancel the order, the Client will be liable for the cancellation and postponement charges as set out in these terms and conditions (see “Cancellation/Postponement” below).

(2) All orders are subject to acceptance and to availability to provide the Services ordered: the concept wardrobe is entitled to refuse any order placed by the Client.

(3) The Client undertakes that all details it provides to the concept wardrobe for the purpose of purchasing Services are correct.

Prices

(1) Services, together with VAT, are invoiced at the price as set out in the Packaged Service Description.

(2) the concept wardrobe reserves the right to modify the prices from time to time for future orders.

(3) Any prices quoted by the concept wardrobe in a local currency may be adjusted by the concept wardrobe due to fluctuations in the US Dollar exchange rate.

Delivery, title & risk

(1) the concept wardrobe shall use reasonable endeavours to dispatch Digital Report by the date set out in the Packaged Service Description but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond the concept wardrobe’s control. This may include, but shall not be limited to, such as delays caused by internet service providers. If it appears a delay may be likely, the concept wardrobe shall use all reasonable efforts to contact the Client and advise of the delay.

(2) The provision of Services shall commence once payment the required Data from the Client has been received by the concept wardrobe in full.

Pre-requisites & essential requirements

(1) The Client shall provide the concept wardrobe sufficient Data as the concept wardrobe reasonably deems necessary for the performance of the Services.

(2) What is deemed sufficient Data by the concept wardrobe may go beyond the requirements set out in the Packaged Service Description.

(3) The Client shall:

  • Comply with the obligations set out in these terms and conditions;
  • Undertake the specific obligations specified in the Packaged Service Description;
  • Ensure that any assumptions or dependencies set out in the Packaged Service Description are fulfilled or complied with as the case may be.

(4) If the Client fails to fulfil any of its responsibilities under these terms and conditions in a proper and timely manner and such failure causes a delay in the performance of the Services or results in additional costs to the concept wardrobe, the concept wardrobe shall take such action as it deems reasonably prudent and shall provide the Client with a written specification of such delay and the resulting costs. The Client agrees to pay these costs to the concept wardrobe at the then current standard the concept wardrobe rates for the Services involved.

(5) The Client shall be solely responsible for maintaining back-up copies of all data.

(6) No additional work will be undertaken if not included in the Packaged Service Description. A Request for Change Document may be drawn up by the concept wardrobe to cover such work but it must be agreed and signed by the Client before such additional work can be carried out.

Service performance

(1) the concept wardrobe shall use reasonable endeavours to provide the Services by the date specified in the Packaged Service Description but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond the concept wardrobe's reasonable control. If a delay is likely, the concept wardrobe shall contact the Client and advise of the delay.

(2) Completion dates are an estimate and are dependent on the Client complying with its obligations and third parties complying with their obligations. Completion dates are not guaranteed.

(3) It is the responsibility of the Client to ensure that the Services provided correspond with the Packaged Service Description.

(4) Upon completion of the Services, the Client will be notified of the same. The Services are deemed to be accepted if the Client has not raised any concerns in writing with the concept wardrobe within 10 days thereafter.

Payment

(1) the concept wardrobe shall invoice the Client for the Service Fee on acceptance of the Client’s order in respect of Services. Payment of the Service Fee is due on presentation of invoice.

(2) No provision of Services shall be carried out before payment is cleared in full.

(3) Amounts stated include taxes. VAT will be charged at the rate prevailing at the date of invoice.

Cancellation / Postponement

(1) Once a purchase order has been received for the Services defined within the Packaged Service Description, the Client will be liable for the full Service Fee (as specified in the Packaged Service Description) unless the order is cancelled within 24 hours of receipt of order by the concept wardrobe.

Confidentiality & data protection

(1) the concept wardrobe acknowledges that it may receive personal data of the Client (“Confidential Information”). Confidential Information shall be limited to information clearly identified as confidential. the concept wardrobe agrees to protect and preserve the confidentiality of the Client's Confidential Information using the same standard of care as it uses to protect its own Confidential Information of a similar nature, but in no event using a lesser standard than a reasonable standard of care.

(2) the concept wardrobe shall process personal data in accordance with the Data Protection Legislation (which includes applicable data protection legislation including the General Data Protection Regulation (EU 2016/679) (GDPR), the Data Protection Directive (95/46/EC), and any national implementing laws, regulations and secondary legislation) as amended from time to time. Data processing will be accomplished through electronic and non-electronic means, for the purpose of these terms and conditions. Terms used throughout this clause including “data controller”, “data processor”, “data subject”, “personal data” and “processing” are as defined in the Data Protection Legislation.

(3) The Client is responsible for obtaining the consent of all Client related data subjects whose personal data is provided to or otherwise made available to the concept wardrobe pursuant to these terms and conditions. the concept wardrobe's privacy policy shall apply to orders placed. A copy of the policy can be found on the concept wardrobe's website.

Intellectual property

(1) All Intellectual Property rights in the Services provided by the concept wardrobe shall belong to the concept wardrobe.

Warranties

(1) the concept wardrobe warrants that:

(a) it shall use reasonable skill and care to carry out the Services to the generally accepted industry standards and the Services shall be supplied and rendered in a professional manner.

(b) the Services will be free from defects for a period of 30 days after completion. The Client shall report in detail any deficiencies in the Services to the concept wardrobe in writing within 3 days of completion of the Services. In the event of a breach of warranty, the Client shall allow the concept wardrobe the opportunity to correct errors or re-perform the Services so as to comply with the warranties set out in sub clauses (a) and (c).

(c) the Services, when supplied, shall conform to the description set out in the relevant Packaged Service Description;

(d) the provision of the Services and the Client's use thereof shall not infringe any Intellectual Property Rights of any third party.

(2) the concept wardrobe cannot be held responsible for any fault or damage not caused by the concept wardrobe. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, the concept wardrobe reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Services.

(3) Except as set out here all warranties and conditions, whether express or implied by statute, common law or otherwise relating to the Services are hereby excluded to the fullest extent permitted by law.

(4) The Client warrants that it has the authority to provide information and personal data to the concept wardrobe and authorises the concept wardrobe to handle the Client’s information and personal data.

the concept wardrobe's liabilities

(1) the concept wardrobe shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits in the ordinary course, loss of goodwill, damage to trading relationships, loss of data, and other financial loss. the concept wardrobe's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.

(2) Nothing in this agreement shall limit the concept wardrobe's liability for death, personal injury, fraud, or fraudulent misrepresentation.

Force majeure

(1) Where, in spite of its reasonable efforts, the concept wardrobe is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Client.

Termination

(1) If either party materially breaches any of its obligations and the breach has not been remedied within 7 days after written notice is given to the defaulting party specifying the breach, the party not in default may by written notice terminate this agreement (including the relevant Packaged Service Description) as of the date specified in such termination notice.

(2) If the Client fails to provide the required Data within 7 days of receipt of order, the concept wardrobe may deem the order as cancelled but will not return the Service Fee.

Errors & omissions

(1) the concept wardrobe makes every effort to ensure that all prices and descriptions quoted are correct and accurate. In the case of a manifest error or omission, the concept wardrobe will be entitled to rescind the contract, notwithstanding that it has already accepted the Client's order and/or received payment from the Client. the concept wardrobe's liability in that event will be limited to the return of any money the Client has paid in respect of the order. In the case of a manifest error in relation to price, the Client will be entitled to purchase the Services by paying the difference between the quoted price and the correct price, as confirmed in writing by the concept wardrobe after the manifest error has been discovered.

(2) A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by the concept wardrobe which is more than 10% less than the price that would have been quoted had the mistake not been made.

General

(1) If any provision in these terms and conditions is held to be invalid or unenforceable, it shall be deemed severed from the terms and conditions and this shall not affect the validity or enforceability of the remaining provisions.

(2) Any variation of these terms and conditions must be in writing and signed by the concept wardrobe.

(3) Any notices given under these terms and conditions shall be in writing and sent by e-mail to the last notified e-mail address of the party.

(4) These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.