Terms and Conditions for Alterations
1. General. These Terms and Conditions (“Terms”) constitute the entire understanding and agreement between the Customer and Qlichēe relating to the purchase of the garment alterations described on the invoice (the “Services”) and supersedes and replaces any and all prior agreements, whether written or oral, that may exist between them with respect thereto. These Terms may be amended only in a writing signed by both the Customer and Qlichēe.
2. No Refunds. ALL SALES ARE FINAL. No refunds, exchanges, returns or cancellations are permitted once an order is placed with Qlichēe by Customer for Services.
3. Fittings; Acceptance. Qlichēe will begin to perform the Services only upon receiving the full deposit from the Customer for the Services unless otherwise arranged and the remaining balance of the unit is due upon completion of the unit. Services provided are based on the measurements provided at the time of Customer’s first fitting. Any measurements set forth on the invoice shall be conclusive evidence of the Customer’s measurements at the time of the first fitting. Any changes in Customer’s measurements after the first fitting which cause additional or different Services to be performed will be subject to additional charges. If the Services include any customization in the design of a garment, the Services will be based on the information provided at the time of Customer’s initial request for such customization. Any changes in the design by the Customer after this initial request shall be subject to additional charges. Unless further alterations are required and, if applicable, additional charges are paid for such further alterations. Acceptance of and satisfaction with the Services shall automatically be deemed to have occurred upon the earlier of: Customer signing a Pick Up Slip or removal of the garment from the D/FW site or Tour site by Customer or Customer’s representative. If Customer fails to schedule and appear for a fitting or otherwise pick up Customer’s garments within the time period set forth above, a twenty-five dollar per week fee will be assessed and billed to Customer, in addition to any other rights and remedies Qlichēe may have at law or hereunder. All accounts must be paid in full before Customer’s garments may be removed from the D/FW site or Tour site. If Customer is unable to pick up the Customer’s garments, it is the Customer’s responsibility to notify Qlichēe and provide the name of the person who is authorized to do so. Once garments are removed from the D/FW site or Tour site, Customer bears all risk of loss as to such garments. Any alterations requested, whether additional or for the first time, will be charged a rush fee if requested within thirty days of the Customer’s wear date. The rush fee for bridal/prom garments is one hundrad dollars, and the rush fee for non-bridal garments is thirty-five dollars.
4. Cleaning; Steaming. If the garment was purchased at Qlichēe, a final steaming of the garment is included in the alterations price. No steaming can be done of garments that have been taken out of the store and had any other alterations or adjustments made by any other party.
5. WARRANTY DISCLAIMER. CUSTOMER ACKNOWLEDGES QLICHĒE MAKES NO GUARANTEE AS TO THE FIT OF ANY GARMENTS BEFORE OR AFTER SERVICES ARE PERFORMED. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ALL SERVICES ARE PROVIDED AS-IS, AND QLICHĒE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL QLICHĒE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, PAIN AND SUFFERING OR MENTAL ANGUISH, RELATED TO OR ARISING OUT OF THE SERVICES. IN NO EVENT WILL QLICHĒE BE LIABLE FOR ANY DIRECT DAMAGES, RELATED TO OR ARISING OUT OF THE SERVICES IN EXCESS OF THE PRICE PAID BY CUSTOMER FOR THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
7. Force Majeure. Any delay or failure in the performance by Qlichēe shall be excused if and to the extent caused by the occurrence of a Force Majeure. Force Majeure shall mean a cause or event that is not reasonably caused by or under the control of Qlichēe, including acts of God, fires, floods, explosions, riots, wars, hurricane, terrorism, vandalism, governmental acts, injunctions, labor strikes, and errors or omissions of a manufacturer or its distributor.
8. Governing Law; Enforcement. These Terms shall be governed by the laws of the State of Illinois, without regard to principles of conflicts of law. In the event of a dispute relating to the Services, Qlichēe may recover from Customer all expenses and attorney fees it incurs in enforcing these Terms, including costs of collecting any unpaid amounts due from Customer. All legal actions relating to the Services purchased hereunder shall be adjudicated in the circuit court for Tazewell County, Illinois.
9. Miscellaneous. The failure of either party to enforce any right granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of further breaches. Invalidation of any of the provisions contained herein, or the application of such invalidation thereof to any person, by legislation, judgment or court orders shall in no way affect any of the other provisions hereof or the application thereof to any other person, and the same shall remain in full force and effect, unless enforcement as so modified would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes here.