Bespoke Terms & Conditions

1. These are the terms and conditions on which H. Huntsman & Sons Limited (“we” or “us” in these terms and conditions) agree to make and supply to you the products specified in the order form (the “Products”).
2. A binding legal contract (the “agreement”) will come into force between you and us when we acknowledge receipt of your order and payment of the deposit payable by you for the Products.
3. Unless otherwise specified, all prices quoted are inclusive of VAT at the rate ruling at the date of our invoice. The price quoted is exclusive of any applicable costs of carriage and insurance.
4. Unless otherwise agreed by us, 50% of the total order value will be payable as a deposit on placement of your order. Pending receipt of the deposit in cleared funds, we will not place the order for the cloth for your Products or commence any work on your order. If there is a delay in receipt of the payment of the deposit (in cleared funds), this may result in the cloth specified in your order being unavailable. In such circumstances, we may cancel your order.
5. The remaining balance of the price of the Products will be due prior to delivery/collection of the Products or, if earlier, six months after we notify you that the Products are ready for delivery/collection. We reserve the right to withhold delivery/collection of the Products pending receipt in cleared funds of the balance of the price of the Products.
6. We reserve the right to vary the final balance payable by you should you request any alterations to the Products at any time prior to delivery or collection of the Products.
7. All prices are quoted and payable in pounds sterling (GBP). Where, in our absolute discretion, we agree to accept payment in another currency, any fluctuations in rates of exchange between the date of your order and the date of payment will be at your risk. You will be expected to pay such amount in the agreed currency of payment as is equivalent to the sterling sum owed by you as at the date on which such payment is made.
8. We will aim to make and supply the Products to the highest standard. If the Products are damaged or defective on delivery/collection and this is attributable to us, or if the Products supplied are not in accordance with your order, we will make good or replace any damaged, defective or incorrect Product, provided you notify us in writing of any problem within sixty days of delivery/collection of the Products.
9. Given the bespoke, made-to-measure nature of the Products, any cancellation of an order by you will be subject to our absolute discretion. Any request for cancellation must be made in writing. Any cancellation of an order will be subject to reimbursement to us of all costs incurred by us prior to the date of the request for cancellation including, without limitation, costs of cloth and other materials and labour costs for all work undertaken. We will set off the amount of any deposit paid against such costs so incurred. If the costs incurred are less than the deposit paid, we will refund any balance of the deposit to the extent that it exceeds the costs incurred. If the costs exceed the amount of any such deposit paid, then you will remain liable for the balance of the costs incurred.
10. We aim to complete and deliver the Products as soon as we reasonably can. However, you acknowledge that, given the nature of the Products, any timescales for delivery are only estimates. Completion of the Products is dependent on you making yourself available for each fitting which is required in respect of the Products which you have ordered. If you fail to make yourself available for any fittings, completion of your Products will be delayed. If you should fail to attend all required fittings within one year from the date of your order, we will be entitled to cancel this agreement by one month’s notice in writing and to charge you for the cost of work and materials up to the date of such notice. We will set off the amount of any deposit paid against such costs. If the costs exceed the amount of any such deposit paid, then you will remain liable for the balance of the costs incurred, whereas if the costs incurred are less than the deposit paid, we will refund any balance of the deposit to the extent that it exceeds the chargeable amount.
11. Title to the Products will only pass to you when we have received payment in full in cleared funds, even though the Products may already have been delivered or collected.
12. The risk in the Products shall pass to you when the Products are delivered to you, or to whomever you nominate to receive them, or collected by you or anyone on your behalf. If the Products are delivered to a country outside the United Kingdom, you will be responsible for any import duty and for obtaining any customs clearance in the country of final destination.
13. We will not be liable to you for any loss which is not foreseeable (including any indirect or consequential loss) howsoever arising out of any breach of the terms of the agreement or our negligence. We shall have no liability to pay any compensation to you other than to refund you any amount paid by you for the Products in the event that we are unable to remedy any damage or defect to the Products. Nothing in this paragraph excludes or restricts our liability to you in the event of fraud, or death or personal injury caused by our negligence, nor for any liability which the law does not permit us to exclude.
14. If you fail to take delivery of the Products or to notify us of a change of the address to which your Products should be delivered, you will be liable for any additional costs incurred (including, without limitation, storage costs). Should the Products remain undelivered six months after our notification to you of your order being ready, then, notwithstanding your liability to pay the balance of the purchase price in accordance with paragraph 5, we will be entitled to give you one month’s notice that the Products remain undelivered and, if you fail to take delivery of the Products, then following expiry of such notice we may at any time dispose of the Products as we see fit.
15. Nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable law, or other statutory rights that may not be excluded.
16. We reserve the right to photograph finished goods for archive purposes.
17. We will rely on these terms and conditions in respect of the agreement entered into between us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or a representation of the nature or quality of any goods offered for sale by us. If you require any changes, please make sure that you ask for them to be put in writing to avoid any misunderstanding as to what has been agreed between you and us.
18. Each of the paragraphs of the agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19. If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20. The validity, construction and performance of this agreement shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts, to which you and we submit.
21. This agreement is between you and us. No other party shall have any rights to enforce any of its terms.
22. The terms and conditions set out above apply to all sales of Bespoke and Made-to-Measure Products. However, the terms at paragraphs 1, 3, 8 and 11 onwards shall also apply to the sale of any non-Bespoke and non-Made-to-Measure Products (including our ready-to-wear range and accessories).