Terms & Conditions
Website – Terms & Conditions
Thank you for choosing Emiah to make and bring to life your unique creation. We are thrilled that you have chosen us to make you a luxurious garment and I promise to do all that I can to make your experience with me a positive and memorable one. Emiah provides a service making beautiful garments with the aim to work with you to produce a piece of exquisite art that is perfectly tailored to flatter your silhouette.
The information will let you know what to expect on your journey with us, with regards to the services available and their fees so that there are no hidden surprises.
This page tells you the terms on which you may use our website and or landing pages. By using our site you accept and agree to these terms. If you don't accept, please don't use our website.
We are not responsible for any third party content linked to our Website, and cannot endorse what this content may contain. We are also not responsible for any bugs, viruses or other harmful items that you may encounter when on our Website and are not liable for damage or loss caused by a virus.
Copyright © 2022 Emiah Couture. We are the owner or licensee of all intellectual property rights included but not limited to our social media posts, newsletters, website content, in the designs, sketches, layout, photographs, images, text and content etc.. They are protected by copyright. You must not change, copy, reproduce or translate anything within our social media posts, newsletters, website content, in the designs, sketches, layout, photographs, images, text and content etc. without our consent. You are not permitted to licence, sell, rent, lease, transfer, assign, distribute, exploit or otherwise make our social media posts, newsletters, website content, in the designs, sketches, layout, photographs, images, text and content etc. available to any third party such as by posting on your own social media accounts.
Intellectual property rights
We are the owner (or licensees) of all intellectual property rights in our website and in any of the material posted on it. They are protected by copyright. You must not change, copy, reproduce or translate anything on the site without our consent. If you breach these terms you must destroy, delete, remove or return any copies you have made.
The terms and conditions differ depending on the service or product you are purchasing, please make sure you are looking at the correct section that applies to you in your instance.
Bespoke – Terms & Conditions
Thank you for choosing Emiah to create your beautifully unique garment and bring it to life. We are thrilled that you have chosen us to make you a luxurious garment and we promise to do all that we can to make your experience with us a positive and memorable one.
Emiah provides a service, making exquisite custom garments with the aim to produce a piece of exquisite art that is perfectly tailored to flatter your silhouette. We want to work with you to bring your design into reality and to reflect your personality, as your happiness is our main goal, so please take a moment to read through the information below.
This information will let you know what to expect on your journey with us, with regards to the services available and their fees so that there are no hidden surprises.
We reserve the right to update these terms as and when necessary.
Quotations (valid for 28 days)
The initial consultation is free of charge and there is no obligation for you to commission any work. An initial quote will then be given in consideration of the information provided by you (e.g. design, silhouette, fabrics, embellishments etc.). Should any changes to the design develop, the quote then can change. However, no changes will be made without letting you know first. Quotations do not include any postage and packaging as this amount can vary depending on your location.
Your place in our schedule can only be confirmed once the deposit amount has been received. The deposit will be 30% of the final amount, which will then be deducted from the final payment. We have no obligation to commence work on any item(s) until we have received written acceptance of these terms and conditions (which will be found in the initial invoice) together with the requested deposit payment and any materials that you are providing. Your deposit is non-refundable if you choose to cancel the commission after this point.
Payments are due in three main stages. The first payment is the deposit as outlined above, the second payment will be required after the mock ups/fitting stage and the third payment will be the remaining balance. The final payment is due prior to completion and postage of the finished item(s). Orders cannot be sent/picked up until the full payment has been received.
At the start of the ordering process, Alycia (the designer) will take a complete set of measurements from you, which will then be used when creating your garment(s).
Tips on how to measure yourself can be found here: https://www.emiah.co.uk/sizing-guide
For long distance fittings, the client - using the instruction sheet that will be provided - must supply the measurements through a virtual appointment. We cannot accept responsibility for the accuracy of the measurements taken by the client. The measurements provided will be used to create your bespoke pattern so we ask that the clients supplied measurements be as accurate as possible. If additional mock-ups are needed to fix these errors, this will result in extra charges.
If you anticipate a change to your silhouette, for example through a weight loss plan, pregnancy or recovering from an illness, please let us know as soon as possible so that we can plan accordingly when making your garment(s). If a dramatic weight loss or gain occurs between fittings, a charge will incur for any extra time spent re-creating patterns/mock ups or making changes to your final garment.
Mock-ups & Fittings
We include two mock-ups within our initial quote. More may be required depending on your shape, the silhouette you want to create or due to the complexity of the pattern. Additional mocks ups will result in extra charges.
In person fittings will take place at Alycia’s (the designer) home studio based in South Wales, UK.
Long distance clients should be prepared for additional mock-ups due to the difficulty in fitting when not in person. Fittings will be conducted through Skype, and photos and/or videos must be sent to the designer in the best quality possible so as to properly convey the fit of the garment. Instructions on what is required will be sent to the client when we get to that stage.
Changes & Modifications
We want to ensure that your garment(s) are made to your satisfaction; however if the vision of your garment(s) has changed once work has started, or if you have any concerns about the fit, garment design, or anything else during the process, please let us know as soon as possible so that we have enough time to make amendments. Modifications or additional work outside of the design as agreed to at the commencement of the work will result in an extra charge depending on the changes required. Once the garment is completed and has been paid for, it is deemed to have fulfilied the contract.
If you have a specific deadline for the completion of your garment, we must be informed at the initial consultation so that we can plan accordingly. Unless it is stated explicitly in the invoice, time will not be an over-riding factor in our process; bespoke clothing is a luxurious and time-consuming endeavour.
To complete your order on time we require you to provide us with certain necessary information within the requested time. This can include but is not limited to design/fabric confirmations, measurements list, photography/videography of mock-ups, attending fittings and to complete scheduled payments when requested.
If there is a delay in meeting any of our necessary requirements, the completion date may change at our discretion so as not to inconvenience our other waiting clients. If there is a sever delay on your end we may have to cancel your order and apply our cancellation policy (as outlined below).
If you are unable to personally pick up your finished garments, we can post it to you at an additional cost; this amount can change depending on the distance and value of the order. All packages will be insured and will require a signature to provide more security.
If you are ordering from overseas, we advise you to research into any import/customs fees that may be required as any such fees are payable by you. It is against the law to mark down the price of an item to avoid these fees. When sending mock ups, please mark them as samples, the same will apply when sending the mock ups to you.
If after paying the 30% deposit you choose to cancel your contract, you can receive a full refund up to 14 days after your payment has cleared, however after this stage the deposit becomes non-refundable. This is to cover your order slot in our timetable.
We will happily refund any payments made after the deposit amount minus our costs for:
· Work already commenced (including concept design, fittings, patterning and cutting) charged at our standard hourly rate.
· Materials purchased for your order (An itemised account of any costs incurred will be provided.)
· Materials supplied by you will be returned (at your expense if applicable) once any outstanding payments have been revised.
If you wish to cancel your order please email us stating your intention. We can make a printable cancellation form available to you if requested..
Completed orders however must be paid in full. In the event that we do not receive a full payment and/or are unable to contact you to resolve this issue within 56 days of invoice sent, we have the right to sell the garment(s) to recoup the cost of the order.
Refunds & Returns
Bespoke garments cannot be returned or exchanged except in the unlikely event of a faulty item or if the item received differs from the options selected.
We also cannot refund a product that you were already aware of that has a relevant fault, for example a ‘sample’ in which we have disclosed any and all faults in either photos or item description. We do not offer refunds if the order has been lost or damaged in transit.
If you are dissatisfied with the quality of your order please notify us in writing and we will provide details of where to send the item/s. Faulty Returns are sent back at our expense. If possible we also encourage you to send us photos of the fault so that we can better understand the problem.
If a garment is judged to be worn or damaged due to customer negligence it will be returned to sender at their expense and cannot be refunded. This does not affect your statutory rights. Complaints must be made as soon as possible.
Loaning - Terms and Conditions
In the event that garments made by Emiah (designer) are lent and are in the care of an outside party (clients), a legal agreement is created in which the following applies.
All garments being hired are as advertised on the website or disclosed via email correspondence.
The designer must be acknowledged/linked as the designer of the item(s) where crediting applies. (Designer: Emiah)
A credit list must be sent to the designer so that they can properly credit the rest of the team.
The client/photographer must indicate which of the following usage permissions apply for the designer for this shoot:
Sharing on all social media outlets: Facebook, Instagram, Twitter, Pinterest.
Uploading to websites: Portfolios, collections, lookbooks, galleries, archives.
Printing of free promotional media: Postcards, business cards, flyers.
Magazine/media submission: Magazines, interviews etc. for both print and online.
Payments are specific to each client.
An invoice will be sent and must be paid within 14 days.
Full payment must be received before any items can be posted/picked up.
Images must be exchanged in a timely manner.
The client must pay all postage/customs/duty costs.
This cost includes: appropriate insurance, tracking and a required signature.
The same inclusions must be applied when the client sends these items back to the designer.
Once garments have been sent, the clients are not entitled to a refund
If the items do not get used in the intended shoot/event, we cannot accept refunds.
Please double check that the garments are the right size for you or the model, we cannot be held responsible/cannot accept refunds if the garments do not fit the model.
If you have any questions about sizing, please contact us beforehand.
The items must not be sublet, resold or handed onto unauthorised third parties.
Items must not be used outside of the mentioned shoot(s).
E.g. cannot be worn to parties/events/other occasions outside what was agreed.
Items must be treated with care and worn correctly, please ask if unsure.
If the items must be put on over the head after make-up is applied, a scarf/towel must be used to cover the models face to prevent the make-up from marking the items.
Lingerie must be worn with a nude underwear/thong underneath for hygiene reasons.
Closed front corsets must be returned unlaced.
Please do not:
Apply fake tan, baby oil or an equivalent before or whilst wearing the items as this can cause stains, marks and/or damage to the fabric.
Eat or drink whilst in, or near the items to prevent spills and accidents.
Smoke near or in the garments.
The client commits himself or herself to returning the items in the same condition in which they were loaned.
If damage occurs, the client must:
Notify the designer immediately.
Not try to fix/hide the damage as this can increase the damage.
Accept and pay all compensation costs.
This cost will depend on the amount of damage caused, from a small cleaning fee, to the full value of the items damaged. Such cost will be determined by us in the circumstances.
The designer - upon the return of the items - will evaluate this amount.
Damage can include - but is not limited to - broken stitches, staining, rips, tears or any other damage that can alter the item.
Items must be repacked in the same way in which they were received so as to protect the garments whilst in transit.
If the garments are not packaged properly this can cause damage.
When sending the items back to the designer, a tracking code must be sent immediately.
Items must be returned to the designer by the date agreed.
If the items are not returned within the time agreed, with no reasonable reason given as to the delay, the client will incur overdue charges of £10 per each day late.
If the items are not returned within 30 days of receiving, and no proof of postage is provided in which to claim it is the fault of the postage system, then the responsibility of paying the total value of compensation falls on the client.
Our total liability will be limited to two times the fees you have paid for the product/service.
This contract, and any non-contractual obligations arising hereunder, are governed and construed in accordance with the laws of England and Wales, and the courts of England shall have exclusive jurisdiction to deal with any dispute arising hereunder.
By confirming via email that the client wishes to proceed with the hire, the client declares that they understand and agree with the terms and conditions of this loan as detailed in this loan agreement form.
Thank you for reading, we really appreciate you taking the time to understand all the information included in this document.
Gift Cards – Terms & Conditions
Alycia Hirani – Director
· Will be sent as an instantly valid code within 24 hours, Monday to Friday.
· Are only redeemable for bespoke consultations & services and current products & items that are available in our shop.
· Can be used to pay for all project fees involved in commissioning a garment including consultations, designs, materials, extras, postage, packing and insurance that may be applicable.
· Must be submitted and received by Emiah before work is started.
· Will expire 24 months from date of purchase. At expiry, any remaining balance will be lost.
· Gift Cards presented after their expiry date will be treated as void and are non-exchangeable and non-refundable.
· Are non-transferable, cannot be exchanged for cash, used for the purchase of Gift Cards, be returned or refunded, except in accordance with your legal rights.
For purchases where the Gift Cards offered have a greater value than the goods and services being purchased, change above £4.99 will be returned as an Emiah Gift Card.
If any product purchased with a Gift Cards is exchanged or refunded (please check the item specific terms and conditions as some items cannot be exchanged or returned), any money owing will be refunded in the form of an Emiah Gift Card.
Multiple Gift Cards may be redeemed in the same transaction up to the value of the goods being purchased.
Customers must be prepared to prove their identity when making purchases to a level that is satisfactory to prevent fraud.
Emiah reserves the right to refuse to accept a Gift Card which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.
Please protect your Emiah Gift Card and treat it as cash. Emiah cannot be held liable for Gift Cards, once sent, which are subsequently lost, stolen or damaged.
Emiah reserves the right to change any of these terms and conditions from time to time without notice and to take appropriate action including cancellation of the Gift Cards if, at its discretion, it deems such action necessary (eg. to change the scope of the Gift Cards service, notify of the service’s withdrawal or in the event of circumstances beyond its control).