Terms & Conditions

THE FITTING ROOM TAILORING

TERMS & CONDITIONS

Customer Service Terms – Tailoring, Alterations, Bridal, Dry Cleaning & Hire

 

Business

The Fitting Room Tailoring

Locations

Brisbane, Queensland and Pacific Fair / Gold Coast, Queensland

Effective date

October 2012

Applies to

In-store, online and other orders for services and goods supplied by The Fitting Room Tailoring.

 

IMPORTANT: These terms are intended as a commercially robust customer agreement, but they are not a substitute for advice from an Australian solicitor. Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

Please have these Terms reviewed by a Queensland solicitor before final publication or incorporation into customer contracts.


 

1. Acceptance and application

These Terms & Conditions (Terms) apply to orders, bookings, services and goods supplied by The Fitting Room Tailoring (we, us or our) to a customer (you or your), including alterations, tailoring, bridal and formal alterations, bespoke or made-to-measure garments, dry cleaning or garment care, hire services, accessories and related services.

By placing an order, paying a deposit or other amount, approving a quotation, leaving a garment with us, signing an order/service form, or otherwise instructing us to commence work, you agree to these Terms to the extent permitted by law.

If a written quotation, order form or service agreement contains specific terms that conflict with these general Terms, the specific written terms for that order will prevail to the extent of the inconsistency.

2. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). These Terms must be read subject to those guarantees and any other rights or remedies that cannot lawfully be excluded.

Nothing in these Terms is intended to exclude, restrict or modify a consumer guarantee, right or remedy where doing so would be unlawful. Any statement in these Terms concerning deposits, cancellations, refunds, liability, rectification or acceptance is subject to this clause.

Where there is a problem with goods or services, the remedy available may depend on whether the failure is major or minor and on the circumstances required by applicable law.

3. Quotes, estimates and pricing

·        Quotes are based on the garment, condition, requested work and information available when the quote is prepared.

·        A quote may change if hidden construction, previous alterations, damage, fabric behaviour, additional work or a changed customer request is discovered after work begins. We will seek approval for material additional charges where reasonably practicable.

·        Unless expressly stated otherwise, a quote covers only the work specifically described. Additional fittings, design changes, restyling, repairs or work requested later may be charged separately.

·        Prices may include or exclude GST as stated on the quotation, invoice or point of sale.

·        We may correct genuine pricing or clerical errors before work commences, subject to applicable law.

4. Deposits, payment and commencement of work

We may require a deposit or advance payment before reserving production capacity, ordering materials or commencing work. The amount and payment schedule may vary by service.

For custom, bespoke, made-to-measure, special-order or substantially personalised work, a deposit may become non-refundable once production, cutting, ordering of dedicated materials or other irreversible work has commenced, except where a refund or other remedy is required by law.

The balance is payable in accordance with the agreed payment schedule and, unless otherwise agreed, no later than collection or delivery. We may withhold release of goods we own or have supplied until amounts properly due are paid, subject to applicable law.

A failure to pay on time may delay work, fittings, ordering, delivery or collection.

5. Alterations and tailoring services

Alterations are performed to the agreed fitting objective based on the garment's existing construction, available seam allowance, fabric, prior alterations and the customer's instructions. Alterations cannot always reproduce the fit or construction of a newly manufactured garment.

·        Where possible, the work to be completed will be recorded at fitting or on the order.

·        Pinning and fitting are based on the garment as worn at the appointment. Shoes, undergarments, shapewear, shirts, belts or other items that materially affect fit should be worn or supplied at fitting.

·        A customer's later preference for a different length, silhouette, looseness, tightness or style may constitute new work and may be charged separately where the original work was performed as agreed.

·        Where the garment has insufficient seam allowance or structural limitations, the achievable result may be limited.

6. Fittings, measurements and customer responsibilities

The number of fittings depends on the garment and service. Complex, bridal, formal and bespoke work commonly requires multiple fittings. We may recommend approximately 2–4 fittings, but more or fewer may be required.

·        You must attend agreed fittings within reasonable timeframes and promptly notify us if you cannot attend.

·        You must provide accurate information about the event date, required collection date and any special requirements.

·        You must tell us about relevant changes to body measurements, weight, footwear, undergarments or intended styling that may affect fit.

·        Measurements and fitting decisions represent the customer's body and preferences at the relevant fitting date. Material body or weight changes after fitting may require additional alterations at additional cost.

·        If you miss, postpone or materially delay fittings, we cannot guarantee the original target date.

7. Bridal, wedding and formal garments

Bridal and formal garments may contain delicate fabrics, lace, beading, boning, corsetry, appliques, multiple layers, specialty hems or previous alterations. These features can materially affect the complexity, time and achievable result.

·        Customers should allow substantial time for bridal and complex formal alterations and attend all requested fittings.

·        Event dates are important planning information, but completion by an event date is only guaranteed if we expressly agree in writing to a guaranteed deadline.

·        If a customer delays decisions, fittings, approvals or payment, any estimated completion date may change.

·        Where a garment is fragile, aged, heavily embellished, previously altered or structurally compromised, there may be an increased risk of marks, fabric failure, bead loss, stitching impressions or other effects despite reasonable care.

8. Bespoke, custom and made-to-measure garments

Custom garments are made to an agreed design and measurements and may involve handwork and natural variation. They should not be expected to be identical to mass-manufactured garments or digital/reference images.

·        Standard production time may be approximately 6–8 weeks for many bespoke orders, but specialty fabrics, complex designs, supplier delays, peak periods and additional fittings can extend the timeframe.

·        Fabric colour, texture, pattern placement and appearance may vary slightly from swatches, photographs, screens or prior production lots.

·        Once fabric has been cut or production has commenced, changes requested by the customer may be chargeable and may not be possible.

·        Reasonable fitting adjustments forming part of the original agreed custom order will be addressed as appropriate. Changes caused by altered preferences, weight/body changes, late design changes or third-party alterations may be separately chargeable.

9. Customer-supplied garments, fabrics and materials

Where you supply a garment, fabric, trim, zip, button, lace or other material, you are responsible for ensuring it is suitable for the intended work. We may give an opinion but cannot guarantee the performance of materials we did not manufacture or supply.

·        We are not responsible for inherent defects, latent weaknesses, colour instability, shrinkage, deterioration, prior damage or manufacturing defects in customer-supplied items, except to the extent loss or damage is caused by our failure to exercise due care and skill or as otherwise required by law.

·        Fabric remnants are not automatically retained unless requested before completion. Any retained remnants may be returned where reasonably practicable.

10. Pre-existing condition and delicate garments

Customers should disclose known damage, stains, tears, weak seams, moth/insect damage, fabric deterioration or prior repairs. We may record garment condition by notes or photographs when received.

Some defects become apparent only after seams are opened, garments are pressed or cleaning is attempted. If unexpected risks are identified, we may pause work and contact you before proceeding.

We may decline work that we reasonably consider unsafe for the garment or outside our service capability.

11. Dry cleaning, pressing and garment care

Dry cleaning, spotting, pressing and garment-care services involve processes appropriate to the care label, fabric and garment condition. Complete stain removal cannot be guaranteed.

·        Some stains, dyes, adhesives, embellishments, trims, buttons, coatings and aged fabrics may react unpredictably to cleaning or pressing.

·        We will exercise due care and skill. This clause does not exclude liability or remedies that apply under the ACL.

·        Customers should identify known stains and special-value or sentimental garments before service.

12. Suit and formalwear hire

Where hire services are offered, the customer is responsible for the hired items from collection/delivery until accepted back by us, subject to fair wear and applicable law.

·        Hire periods, deposits, bonds, return dates and inclusions will be stated in the hire order.

·        Late return fees may apply where disclosed and reasonable.

·        The customer may be charged reasonable repair, cleaning or replacement costs for loss or damage beyond fair wear, taking into account the age, condition and value of the item and applicable law.

·        Hire fit is subject to available stock and cannot provide the same degree of personalisation as bespoke tailoring.

13. Timeframes, rush work and event dates

Unless expressly guaranteed in writing, quoted completion dates are estimates. We will use reasonable care to meet agreed timeframes, but tailoring can be affected by fitting changes, hidden garment construction, customer delays, suppliers, freight, equipment failure and other circumstances.

Rush or priority work may attract an additional fee. Acceptance of a rush fee does not remove the customer's obligation to attend fittings and provide approvals promptly.

You should not leave collection until immediately before travel or an event. Where reasonably possible, collect early enough to inspect and try on the garment.

14. Customer changes and additional work

After work begins, changes to design, fit preference, hem length, styling, materials or scope may require a revised quote and completion date.

If completed work accords with the approved fitting/instructions but the customer later changes preference, the further work is a new alteration and may be charged.

15. Cancellation and change of mind

For services or custom goods already commenced, cancellation may result in charges for work performed, committed labour, ordered materials and other reasonable costs. Personalised or custom-made goods may not be cancellable for change of mind once production has commenced.

A change-of-mind cancellation or an event being cancelled, postponed or no longer attended does not automatically entitle the customer to a refund for properly supplied custom work or services already performed.

This clause does not affect any right to cancel, obtain a refund or receive another remedy where required by the ACL or other applicable law.

16. Collection, inspection and acceptance

We encourage customers to try on and inspect altered, tailored or custom garments at collection wherever practicable. Any concern should be raised promptly so that we can assess it.

Collection and acceptance do not remove rights under the ACL. However, prompt inspection assists us in determining whether a concern relates to workmanship, later use, body/weight change, changed preference or subsequent third-party work.

Where a customer asks another tailor or repairer to alter the relevant area before giving us a reasonable opportunity to inspect an alleged issue, it may become difficult or impossible to determine the original cause. This does not remove rights that cannot lawfully be excluded.

17. Complaints and rectification

If you believe our work has a problem, contact us as soon as reasonably practicable with the order details, photographs where useful and an explanation of the concern.

·        We may ask you to return the garment for inspection and fitting.

·        For a problem that can lawfully and reasonably be remedied by us, we may offer rectification within a reasonable time.

·        For a major failure or where applicable law otherwise gives you the right to choose a remedy, your statutory rights apply.

·        Please do not arrange third-party corrective work before giving us a reasonable opportunity to inspect, unless circumstances make that unreasonable or urgent. We are not automatically responsible for third-party costs that we did not authorise, subject to applicable law.

18. Refunds

Refunds are assessed according to the nature of the goods or services, the stage of work, the reason for the request and the customer's rights under the ACL.

·        We generally do not provide refunds merely for change of mind on completed services or personalised/custom goods where the goods/services comply with the order and applicable consumer guarantees.

·        Deposits applied to commenced custom production, committed materials or completed labour may be non-refundable for change of mind, subject to law.

·        Where the ACL requires a refund, replacement, repair, resupply or other remedy, we will provide the remedy required by law.

19. Uncollected garments and storage

Customers must collect completed garments promptly after notification. We may charge a reasonable disclosed storage fee for garments left for an extended period, including after 90 days, where permitted by law.

Garments remaining uncollected for a prolonged period may be dealt with in accordance with applicable Queensland uncollected-goods legislation and required notice procedures. We will not treat a garment as abandoned or dispose of it contrary to applicable law.

20. Loss, damage and limitation of liability

We will exercise due care and skill while garments are in our possession. Nothing in these Terms excludes liability that cannot be excluded under the ACL or other applicable law.

To the extent permitted by law, we are not liable for loss arising solely from inherent garment defects, ordinary wear, undisclosed pre-existing damage, customer-supplied defective materials, or circumstances outside our reasonable control.

To the extent permitted by law, we are not responsible for indirect or consequential loss that was not reasonably foreseeable, including loss arising from a missed event, except where such exclusion is prohibited by law.

Any limitation stated in an order or these Terms operates only to the maximum extent permitted by law.

21. Force majeure and events outside reasonable control

We are not responsible for delay caused by events outside our reasonable control, such as serious transport disruption, natural disaster, government action, widespread utility failure, supplier shutdown or similar event. We will take reasonable steps to minimise the effect and communicate material delays.

This clause does not remove any non-excludable statutory right.

22. Photographs, records and quality control

We may take photographs of garments, fittings or workmanship for internal order records, quality control, training or dispute documentation. Images identifying a customer will not be used for public marketing without appropriate permission.

Where a customer separately consents to marketing use, that consent may be recorded in the relevant order, release or communication.

23. Privacy

We collect information reasonably required to provide services, manage orders, process payments, communicate with customers and meet legal or operational requirements. This may include contact details, measurements, fitting notes and order history.

Personal information will be handled in accordance with applicable Australian privacy requirements and our published privacy policy, where applicable.

24. Website, online bookings and electronic communications

Website information, availability and pricing may change from time to time. An online booking reserves an appointment unless the booking expressly includes a confirmed service price.

You consent to receiving operational communications relating to appointments, fittings, payments, collection and orders by the contact details you provide. Marketing communications are subject to applicable consent and unsubscribe requirements.

25. Gift cards and promotions

Gift cards, credits, discounts and promotions are subject to any specific conditions disclosed at purchase or issue and applicable Australian law. Promotions cannot be combined unless expressly stated.

Promotional pricing does not retrospectively alter an earlier confirmed order unless we agree otherwise.

26. Intellectual property

Our business name, branding, original website content, photographs, patterns, drawings, guides and other original materials remain our intellectual property or that of our licensors. Customers must not reproduce them for commercial use without permission, except as permitted by law.

27. Severability and waiver

If a provision of these Terms is invalid or unenforceable, it is to be read down to the extent necessary and, if that is not possible, severed without affecting the remaining provisions.

A delay or failure by us to exercise a contractual right does not by itself waive that right.

28. Changes to these Terms

We may update these Terms for future orders. The version applying to an order is generally the version accepted when that order was placed, unless the parties agree otherwise or a change is required by law.

29. Governing law

These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts and tribunals having jurisdiction in Queensland, subject to any mandatory rights concerning jurisdiction or venue.

30. Contact and dispute resolution

Customers should first contact The Fitting Room Tailoring and provide the order name/number, garment details and the issue. We aim to assess concerns fairly and promptly.

If a dispute cannot be resolved directly, either party may use any consumer, tribunal, court or other dispute-resolution process available under applicable law.


 

Customer acknowledgement – optional order form wording

The following wording may be placed on a service/order form for signature or electronic acceptance:

CUSTOMER ACKNOWLEDGEMENT

I confirm that the requested work, pricing or estimate, relevant event/collection date and fitting instructions have been explained to me. I have disclosed any known special concerns about the garment. I understand that additional work or customer-requested changes may incur additional charges and may affect completion time. I acknowledge receipt of, or access to, The Fitting Room Tailoring Terms & Conditions and agree to them, subject always to my rights under the Australian Consumer Law.

Customer name: _______________________________

Order number: _________________________________

Signature: _____________________________________     Date: _______________

Implementation notes for management

Where to use

Recommended use

Website

Publish a reviewed version under Terms & Conditions and link it from the footer and checkout/booking flow where appropriate.

Alterations order

Provide a clear link/QR or copy and obtain acknowledgement before substantial work begins.

Bespoke order

Use these general terms together with a detailed signed order showing fabric, design, measurements, price, deposit and expected timeframe.

Bridal order

Record event date, fitting schedule, shoes/undergarment requirements and agreed alteration scope.

Hire

Use a separate hire schedule recording each item, replacement value methodology, bond/deposit, due date and condition.

Complaints

Keep fitting notes, photographs, messages, invoices and records of rectification offers.

 

LEGAL REVIEW RECOMMENDED: Before publishing or relying on this document, have an Australian solicitor review the exact business entity name/ABN, store addresses, refund process, uncollected-goods procedure, dry-cleaning practices, hire terms and any limitation-of-liability wording a