TERMS OF TRADE
F. T. Russell & Co
Trading as F. T. Russell and Company (ABN 859 6377 2918)
F. T. Russell and Company (ABN 859 6377 2918) of
(TEL): 0422 288 894
- Trading as F.T.Russell and Company (ABN 859 6377 2918) (“F. T. Russell”).
- The Customer wishes to engage F.T.Russell for the purposes of providing the Customer with personal and customised tailoring services, (“the Services”) on the terms and conditions contained in the Terms of Trade.
(“You”) instructs F. T. Russell (“Us” or “We” or “F. T. Russell”) as follows:
- We will act in Your best interests at all times and will not undertake Services without Your prior consent.
- We will keep Your matter(s) confidential and are bound by the terms of the Privacy Statement.
- You understand and acknowledge that should You have any concerns regarding the Services, that You should seek independent professional advice prior to proceeding with any of the Services.
- You authorise F. T. Russell to take and/or disclose images of the Services provided to You and to use such images for the F. T. Russell website.
Invoices and Terms of Trade
- You may place an order with F. T. Russell by either:
- Ordering online; or
- Contacting F. T. Russell direct for a personal appointment.
- By placing an order with F. T. Russell, you agree and acknowledge that you have read and understood and agree to be bound by these Terms of Trade.
Personal Tailoring Service
- For personal tailoring services We will invoice You on an ongoing basis for payment of Services directly provided by F. T. Russell. You may pay by direct credit to F. T. Russell’s bank account. Any GST payable in respect of the supply of the goods to You by F. T. Russell will be added to the Price and will be payable by You. Please also note that Our Prices are current as at the date of the confirmation of Your order by F. T. Russell but may vary at any time thereafter.
- Processing of Your order will not commence until Your deposit payment is received by Us and We have been given confirmation by our supplier that the fabric You requested is available and the order can be satisfied.
- Balance of an invoice is strictly due upon delivery of order.
- Any outstanding balance of an Invoice will bear interest at the rate from time to time charged by F. T. Russell’s bankers on overdraft accounts.
- Should You not pay our invoice within seven (7) days of receiving it, We are entitled to sue You for recovery of the money You owe Us.
- We can terminate the Terms of Trade if an invoice or any balance is outstanding for longer than seven (7) days.
- Without limiting F. T. Russell’s rights under the Terms of Trade or otherwise, if any monies owed by You to F. T. Russell are not paid by their due date for payment, You must pay F. T. Russell upon demand:
- Interest at the Late Payment Interest Rate on those overdue monies from the date they became due until payment in full; and
- F. T. Russell’s legal and other costs of recovering payment on a full indemnity basis.
- Once the deposit has been paid and Your order has commenced and You wish to cancel, Your deposit will not be refunded.
- For ordering online, upon receipt of Your order, We will notify You in writing (via email) that Your order has been received. This email is a record of Your order and is not acceptance of Your order.
- . All orders placed are subject to Our acceptance. We reserve the right at all times to refuse to accept an order for any reason and without liability.
- Your order will not be processed and we will not be bound to despatch until such time as:
- Your order has been verified by Us;
- Your payment for the order and any applicable charges has been authorised and accepted by Us and we have received the payment in full in cleared funds; and
- We have confirmed with the Supplier that the Supplier is able to supply the order.
- The payment of any customs or duties imposed on the delivery of the Services is the exclusive responsibility of You.
- In the event that F. T. Russell cannot accept or process Your order for any reason after payment for the services has been received by F. T. Russell, We will notify You of the cancellation of Your order at the first available instance.
- F. T. Russell has absolute discretion to refuse service, terminate accounts, remove or edit content or cancel orders and will provide notification to You in the event.
- You acknowledge and consent to the receipt by F. T. Russell of commissions from other Services recommended by F. T. Russell or used by You. F. T. Russell may disclose such commissions to You.
- If We are notified of an order cancellation after the goods have been despatched, We reserve the right to refuse the order cancellation or charge a fee should We be able to request the return of the goods.
Personal Tailoring Service
- Our bespoke garments require approximately eight (8) weeks from the first consultation to completion.
- Estimated delivery dates will be calculated from the date Your payment is received.
- Processing of Your order will not commence until Your payment is received by Us and We have been given confirmation by our supplier that the fabric You requested is available and the order can be satisfied.
- Every effort is made to deliver to You Your fittings and final order according to the estimated delivery times provided by Us. Estimated delivery times may change depending on changes in supply or any circumstances beyond our control. Should there be a delay in the delivery of Your order, F. T. Russell will not be liable for the delay or any loss You suffer due to the delay.
- When ordering online within Australia, delivery for goods is $10.00AUD. If an order is internationally placed (including from new Zealand), please contact F. T. Russell at firstname.lastname@example.org for estimated delivery costs and delivery times.
- We use Australia Post Services when posting within Australia.
- You are responsible for any customs, import or other duties or taxes payable in respect of the transfer and delivery of the goods to Your home country.
- Estimated delivery days will be Australian business days (excluding public or bank holidays in any state, Saturday and Sunday). Every effort is made to deliver to You Your final order according to the estimated delivery times provided by Us. Estimated delivery times may change depending on changes in supply or any circumstances beyond our control. Should there be a delay in the delivery of Your order, F. T. Russell will not be liable for the delay or any loss You suffer due to the delay or to any damage caused to Your goods during transport or delivery to You.
- Delivery will be made to the address provided on the order confirmation. Where no one is available to receive the delivery, Our carrier will leave a card advising You of the destination from which You may pick up Your order. It is Your responsibility to ensure that You pick up Your order from the destination provided by the carrier and to pay any additional costs incurred. F. T. Russell will not be liable for any costs associated with picking up Your order from the carrier.
- The following factors should be taken into account in relation to Our estimated delivery time:
- Orders that are placed after midday on a Western Australian business day will not be downloaded for processing until the next business day.
- Orders that are placed on a Saturday, Sunday or West Australian public holiday will not be processed until the next business day.
- In order to ensure the efficient processing of your order, please accurately include the following details on your order:
- Valid street number and street name;
- Suburb, State, Country and post code; and
- A phone number you can be easily contacted at.
- Orders cannot be adequately processed without this information and F. T. Russell will not be responsible for any delays caused by Our reliance on information inaccurately supplied by You.
- F. T. Russell is not liable for delivery to the wrong address.
- Please ensure that You will be present at the delivery address when delivery occurs. In the event the address is unattended, F. T. Russell reserves the right to leave Your delivery at the delivery address without requiring Your signature
- F. T. Russell is not liable for any lost or damaged goods during transit. Should You want extra insurance with Your delivery, please contact F. T. Russell at email@example.com and we will provide you with the relevant rates for such insurance.
Provision of Services
- We can cease providing Services if:
- You have not complied with the Terms of Trade or paid Your account within seven (7) days; or
- the relationship of mutual trust and confidence no longer exists.
- You will remain liable to pay Our costs and disbursements up to the time We advise You that We cease to act.
- F. T. Russell may provide preliminary costs estimates for the Services but will not be bound by such estimates as costs may increase due to requested changes and factors over which F. T. Russell has no control.
Services, Warranties and Limitation of Liability
- F. T. Russell shall be under no liability to You in respect to any Services offered that are not fit for purpose.
- For Services directly provided by F. T. Russell, all conditions and warranties, express or implied, whether arising by statute or otherwise as to the condition, suitability, quality, fitness for any purpose or safety are hereby negatived and excluded to the full extent permitted by law and F. T. Russell makes no such representation and gives no such warranty and You acknowledge that F. T. Russell has not made any such representation or given any such warranty.
- In regard to Services provided by F. T. Russell, You hereby acknowledge and agree that:
- In deciding to use the Services You have not relied in any way on F. T. Russell’s skill or judgement or any representations made to You by F. T. Russell other than the representations contained in these Terms and Conditions.
- You are satisfied as to the suitability of any Services offered and their fitness for purpose.
- F. T. Russell will not be held responsible for the non-supply, or the failure to supply within a reasonable time, of any garment ordered by You due to circumstances beyond its reasonable control including, but not limited to, acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires or any natural disaster, acts of war or terrorism, riots, civil commotion, malicious damage, sabotage, revolution or industrial strikes or disturbances.
- F. T. Russell’s liability for breach of a condition or warranty implied in Division 2 of Part V (other than s.69) of the Trade Practices Act 1974) is hereby limited to:
- In the case of Services provided by F. T. Russell:
- The supplying of the Services again; or
- The payment of the cost of having the Services supplied again.
- All fabrics used by F. T. Russell are selected from genuine English mills. If the fabric subject of Your order is out of stock, You will be notified in writing and should You wish to proceed with Your Order then, where possible:
- Different fabric will be offered to You by F. T. Russell; or
- You will be notified of an expected date when the originally selected fabric may be back in stock.
- F. T. Russell does not guarantee the appearance of any fabric. All fabric colours vary from piece to piece and where numerous garments are ordered separately using the same fabric, the fabric colour may not be consistent in appearance.
- We have made every effort to display as accurately as possible the colours of Our products that appear on Our website. However, as computer monitors vary we cannot guarantee that any colour displayed will be completely accurate.
- Notwithstanding any other provision of this clause, F. T. Russell may disclose the terms of this agreement to its related companies, solicitors, auditors, insurers and accountants;
- Unless specifically provided, nothing in these Terms and Conditions or any other agreement between You and F. T. Russell shall be construed as granting to You any estate or interest whatsoever in any Services, goods, copyright or intellectual property (including, but not limited to, any trade mark, copyright, patent or registered design in which F. T. Russell has any interest whether unregistered, registrable or registered) of F. T. Russell and all rights and interests therein remain always the property, and for the benefit and control, of F. T. Russell.
- Any reference to, or incorporation or mention of any intellectual property or copyright of F. T. Russell made howsoever by, for or on behalf of F. T. Russell in the conduct of Your agreement with F. T. Russell shall only be made with the prior written consent of F. T. Russell.
- The F. T. Russell website, or any portion of the F. T. Russell website may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any reason or for the benefit of any person or entity other than F. T. Russell.
- The unauthorised use of materials from the F. T. Russell website, including the wilful reproduction of materials from the F. T. Russell website is strictly prohibited.
- This clause shall survive the termination of the Agreement.
- We may provide Services to You before the date of the Terms of Trade. The Terms of Trade also covers those Services.
- We may ask You to sign another terms of trade. Until We do, the Terms of Trade cover all matters and Services with Us.
- The Terms of Trade may only be amended in writing by You and Us.
- If any part of the Terms of Trade is void or voidable then the remaining parts remain enforceable.
- These Terms of Trade constitute the entire agreement between You and F. T. Russell and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.
- You agree to be bound by these Terms and Conditions upon accessing the F. T. Russell website.
- F. T. Russell cannot guarantee that any file or program available for download or execution from or via the F. T. Russell website is free from viruses or other conditions which could damage, interfere with data, hardware or software with which it may be used.
- By accepting these Terms and Conditions, You assume all risk of use of all programs and files on the F. T. Russell website and You release F. T. Russell absolutely from any responsibility for any consequence arising from Your use of the F. T. Russell website.
- F. T. Russell strives to provide excellent customer service to all its customers and are determined to ensure the happiness and satisfaction of every order. If You have any concerns or questions regarding Your order please email F. T. Russell at firstname.lastname@example.org and We will make every endeavour to promptly respond to Your queries or concerns.
- F. T. Russell always seeks to list products at competitive prices. F. T. Russell reserves the right to change prices for products displayed on the F. T. Russell website at any time without providing notice to any customers. Advertised prices are in Australian dollars (AUD$) and are inclusive of GST. Sometimes, typographical or human errors may occur, in which case We will make our best efforts to quickly rectify any such errors but accept no responsibility for any loss incurred by any person arising from such errors.
- I have read the above and acknowledge that I have been made aware of and understand the contents of the Terms of Trade.
- I will not hold F. T. Russell responsible for any loss, complications, damage, costs (including legal costs on a full indemnity basis), or expense, I may suffer or incur as a result of the Services and enter into the Terms of Trade based on the above understanding.
- The Terms of Trade constitute the entire agreement between me and F. T. Russell and I have not relied on any other representations made to me prior to entering into the Terms of Trade.
- An oral statement, representation, undertaking, covenant or terms of trade made by F. T. Russell prior to the date of the Terms of Trade and not contained in the Terms of Trade is void.
- All Our policies and procedures will be governed by and is in accordance to the relevant Australian law.