Terms and Conditions

These terms and conditions of trade as amended from time to time, together with any purchase order, quote, ‘out of town arrangement’ or other document that we agree to, constitutes our entire agreement with you (Terms) and applies to all Goods and Services provided by us to you.

1.      DEFINITIONS

AH, we or us means Alena Hume Limited (8459406).

CCLA means the Contract and Commercial Law Act 2017.

Collection means the Customer collecting the Goods and/or Customer Items from the Premises at a date and time agreed with AH in advance in accordance with clause 6.2. 

Completion means the date upon which AH notifies the Customer by phone or email that the Services are at an end and (as applicable) the Goods and/or Customer Items are ready for delivery or Collection (as the case may be).

Customer or you means you as the purchaser of Goods or Services from AH.

Customer Items means any garment, material or other item provided by the Customer to AH.

Deposit means the amount outlined in AH’s Quote payable to AH by the Customer on the day of the initial consultation.

Default Event has the meaning given to it in clause 8.1.

Fitting Appointment means scheduled appointments with the Customer for the purposes of taking your measurements.

Goods means any bridal garment, fashion and/ or clothing product and related accessories, patterns, fabrics, threads, wedding garment or attire accessory item, or other goods provided by AH under these Terms.

Premises means 16 Ashley Street, Palmerston North.

Price means the total cost of the Goods and/or Services and includes any additional costs which are payable in accordance with clause 4.4, 5.2 and 6.2.

PPSA means the Personal Property Securities Act 1999.

Quote means the tax invoice provided to you containing the Price and Deposit payable by you following the initial consultation.

Services means the professional services provided by AH under these Terms including all alterations or design works on Customer Items.

Website means the web page located at www.alenahume.co.nz.

2.      INITIAL CONSULTATION AND ORDERS

2.1    An initial consultation may be booked through our Website and, unless agreed otherwise, will take place between AH and you either over the telephone or in person at the Premises. The purpose of the initial consultation is to determine the Services that you require. 

2.2    You must provide to AH such information as AH may require for the purpose of scoping the Services required including making yourself and other relevant persons available for fitting and measurement.

2.3    Following the initial consultation, AH will provide you with a Quote to your nominated email address.

2.4    A contract will come into existence between AH and you on the date we confirm acceptance of your order for Goods and/or Services, which is subject to AH issuing a Quote to you and you making payment of the Deposit to us in accordance with these Terms.

2.5    You may terminate an order for Services which has been accepted by us, subject to the provisions in clause 14.

3.      OUT OF TOWN/PRIORITY ALTERATION

3.1    If you do not live in the Manawatū region, you may qualify for our ‘out of town/priority alteration service’. The terms of this service will be agreed between you and AH on a case by case basis and will be subject to these Terms. Please contact AH for further information.

4.      YOUR RESPONSIBILITIES

4.1    You agree to provide us with any Customer Items which require our Services in a reasonable condition (e.g., the Customer Items are clean and free from odour).  We may refuse to provide our Services if the Customer Items are not provided in a reasonable condition or in a state that AH can service.

4.2    You agree to provide all information to us as reasonably requested for the purposes of performing the Services and providing the Goods.

4.3    You acknowledge that from time to time AH will be required to take your measurements in order to provide Goods and/or Services to you, and you agree as follows:

a)      You agree to attend any Fitting Appointments that have been scheduled between you and AH. In the event you are unable to attend a fitting appointment, you must contact AH in advance by phone or email to reschedule. Failure to attend a Fitting Appointment may result in the garment not being completed for the final fit. 

b)      You agree to bring any other Customer Items as requested by AH to your Fitting Appointment. If you do not bring the clothing, garments or footwear AH may be unable to complete the work in the timeframe you have requested. 

c)       Where AH has taken your measurements at the initial consultation or otherwise, you agree to keep AH informed of any changes to your body measurements pending performance of the Services. Where you provide your own measurements you acknowledge that AH cannot assure the correct fit and you agree to take this risk. 

4.4    You acknowledge that your failure to comply with clauses 4.3.a) – 4.3.c) may result in you being liable for additional costs for changes made to the Goods and/or Services and you acknowledge this will be added to the Price.  

5.       TERMS OF PAYMENT

5.1    You must pay the Deposit on the date of the initial consultation or within 7 days, provided the next appointment is not within this time, in the manner described to you by AH.

5.2    Upon Completion, you agree to pay AH the Price as set out in the relevant delivery docket or invoice as provided to you plus any applicable freight or incidental charges as the case may be. Unless otherwise specified by AH in writing, you acknowledge that the Price must be paid to AH in full prior to delivery or Collection of the Goods and/or Customer Items.

5.3    AH may withhold delivery or Collection of the Goods and/or serviced Customer Items until the Price is paid to AH in full.

6.      DELIVERY, COLLECTION, TITLE AND RISK

6.1    We will not be liable for any delay in delivery of any Goods and/or serviced Customer Items to you but will make reasonable endeavours to ensure delivery of the Goods and/or serviced Customer Items occurs within 6-8 weeks from the date of the contract as per clause 2.4.

6.2    Unless otherwise agreed, you agree to collect the Goods and/or serviced Customer Items within 10 working days from Completion at a date and time agreed with AH in advance. Failure to collect your Goods and/or Customer Items at an agreed time may result in additional costs being added to the Price.

6.3    All Goods and serviced Customer Items will be stored at the Premises and are at your risk from the point of loading onto the carrier or being made available for uplifting by you, whether or not you take delivery at that time.

6.4    Ownership of and title to all Goods remains with us. as the case may be, and only passes to you once all money you owe us for those Goods, or Services and/or serviced Customer Items is paid for in full.  You acknowledge and agree that the retention of title is a security interest for the purposes of the PPSA.

7.      PERSONAL PROPERTY SECURITIES ACT 1999

7.1    You and each guarantor hereby charge in favour of us all your present and after-acquired property on the terms contained in the Auckland District Law Society form of General Security Agreement current on the date of the contract as per clause 2.4. You also grant to us a specific security interest in all Goods and/or serviced Customer Items (and all proceeds) supplied or to be supplied by us and in any objects, products or mass which the Goods or serviced Customer Items subsequently become a part of or an accession or accessory to, so as to secure all payments under these Terms and all moneys owing by you to us from time to time. You will do all things necessary so as to enable us to register financing statements on the Personal Property Securities Register (PPSR), and to ensure the specific security interest is a first ranking perfected security interest over the Goods, and/or serviced Customer Items and any proceeds. We may register a security interest on the PPSR in our name as secured party even where we are acting as an agent.

7.2    If the Goods and/or serviced Customer Items the subject of the security interest subsequently become part of some other product or mass, then nothing in these Terms can be construed as limiting the application of sections 82 to 86 of the PPSA. Nothing in section 114(1)(a), 120(1), 122, 133 or 134 of the PPSA applies. Your rights in sections 116, 120(2), 121, 125 to 127,129 and 131 of the PPSA do not apply.

7.3    You waive your right under section 148 of the PPSA to be given a copy of any verification statement in relation to any financing statement or financing change statement that we may register. The security interests granted by you take effect as a transfer of any accounts receivable or chattel paper, which are the proceeds of the Goods and/or the serviced Customer Items.

7.4    We may use the benefit of any security interest, security agreement, encumbrance, charge or mortgage given by you or any guarantor or other grantor of surety to us to secure payment and performance of your obligations under these Terms. You will not without our prior written consent grant any lien or security interest over the Goods and/or serviced Customer Items to any other party whatsoever nor commit any act or omission that would give any other party a security interest over those Goods and/or serviced Customer Items until all such Goods and/or serviced Customer Items are paid for in full.

8.      DEFAULT EVENT

8.1    Default Event means any of the following which occurs without our prior written consent:

a)      you fail to comply with these Terms, or any other contract with us, including failing to pay us on time; or

b)      we reasonably believe that you are unlikely to be able to immediately pay any sums owing to us; or

c)       you suffer some form of insolvency event.

8.2    If a Default Event occurs then without prejudice to our other remedies:

a)      we will be entitled to suspend or cancel all or any part of the contract that we have with you which remains unperformed;

b)      we may suspend or terminate the supply of our Services and/or Goods to you and any of our other obligations to you under these Terms;

c)       all amounts outstanding by you under the contract between us immediately become due and payable; and

d)      you irrevocably give us and our agents without prior notice licence to enter any place or premises where we or they believe the Goods and/or serviced Customer Items may be kept and remain there to take whatever action may be required to repossess the Goods and/or serviced Customer Items. You indemnify us and our agents for all costs and liabilities (including our costs on a solicitor/client basis) in connection with the repossession, storage or resale of those Goods and/or serviced Customer Items (including any shortfall arising from resale at a lower price).

e)      Neither we nor the third party vendor of the Goods and/or serviced Customer Items will be liable to you for any loss or damage you suffer because of our or their exercise of any rights, powers or remedies that are available to us or them after the occurrence of a Default Event, including under this clause.

8.3    AHs’ rights, powers and remedies provided for in these Terms are in addition to, do not limit or exclude (or otherwise adversely affect), any right, power or remedy provided to us by law including under Part 3, subpart 4 of the CCLA unless expressly stated. AH can elect in its sole discretion whether these Terms or any law inconsistent with these Terms applies, to the extent such law may be contracted out of. You acknowledge that these Terms contain clauses that are for the benefit of any third party vendor of the Goods and/or serviced Customer Items, and may for the purposes of the Part 2, subpart 1 of the CCLA be enforced by that third party vendor.

8.4    You may terminate these Terms on 10 working days’ notice if we fail to remedy a breach of these Terms within 20 working days of being notified in writing of such breach.

9.      COLOUR VARIATION DISCLAIMER

9.1    AH will use reasonable endeavours to source all materials in the colour that you have requested to provide the Goods and/or Services ordered by you. However you acknowledge and agree there may be a natural variation in the colours used in relation to the Goods and/or Services. AH may be limited in the colours and materials available to us from our suppliers and you acknowledge that AH does not guarantee our supply of the Goods and/or serviced Customer Items in the exact colour or style that you may require. In some circumstances the nature of the Goods and/or serviced Customer Items may change due to availability of our suppliers from time to time.

9.2    In the event that AH cannot obtain the materials in the colour requested by you, you will be unable to claim that the Goods are defective in accordance with clauses 10 and 11 below.

10.    COMPLAINTS AND RETURNS

10.1 Subject to clause 9.2, if you are not satisfied with the Goods and/or serviced Customer Items provided by us for any reason, you may make a complaint to us by setting out full details of your issue by way of email, or over the telephone or by visiting the Premises, within 10 days of you taking delivery of the Goods and/or serviced Customer Items. AH will make reasonable endeavours to contact you within two working days of receipt of your complaint, and endeavour to resolve the issue with you. AH’s liability for any complaints is limited to the terms in clauses 11 and 12.

10.2 If the Goods and/or serviced Customer Items are defective, you can return the Goods and/or serviced Customer Items to us within 7 days of your taking delivery or Collection of the Goods or serviced Customer Items. In the situation that the Goods and/or serviced Customer Items are defective, clause 11.1 applies.  

11.    AH WARRANTIES

11.1 If due solely to AHs’ act, omission or negligence, any Goods and/or serviced Customer Item are defective or do not materially conform to our description, we will at our option:

a)      repair or replace it; or

b)      pay compensation to a maximum amount that does not exceed the Price;

provided that the Goods and/or serviced Customer Items are returned to us in the condition that they were in at the date of delivery or Collection.

11.2 Despite anything else in these Terms, should AH breach any statutorily implied warranty or guarantee, then to the extent permitted by law, AH’s liability for such breach is limited to, at its option:

a)      in the case of goods either repairing or replacing the goods or the supply of equivalent goods or the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and

b)      in the case of services, the supply of the service again or the payment of the cost of having the services supplied again.

12.    LIABILITY

12.1 Clauses 10 and 11 set out your sole rights to compensation/remedies from us for any matter covered by these Terms. Except as set out in clause 11, neither we nor our agents will be liable in any way (including negligence, tort and equity) to you or to any other person in connection with this or any other contract or the supply or failure to supply the Services, any Goods and/or serviced Customer Items or the purported exercise of our rights under these Terms for any:

a)      loss whatsoever, including loss of income, profits, savings or goodwill or for any indirect or consequential loss or special or exemplary damages;

b)      in relation to any claim or series of related claims, any amount exceeding the Price of the Services and/or the Goods; or

c)       amount not claimed within 7 days of you becoming aware of the circumstances giving rise to the claim.

13.    CUSTOMER’S LIABILITY

13.1 You indemnify us from and against any liabilities, losses, damages, costs (including legal costs on a solicitor/client basis) or claims which we incur or suffer in the course of our dealings with you under these Terms and in respect of any breach by you of these Terms except if we are fraudulent or negligent.

14.    TERMINATION OF CONTRACT

14.1 Subject to clause 14.2, you may terminate this contract for supply of any Goods and/or Services at any time by notifying AH. AH will confirm the termination of the contract with you in writing.

14.2 If AH has completed any Services or provided any Goods up until the point of termination, AH may request payment of the relevant Price and any or all of the costs associated with work up to and including the date of termination.

14.3 Termination of these Terms is without prejudice to the parties accrued rights and remedies.

15.    PRIVACY

15.1  We shall take reasonable steps to protect the information collected from you and use such information only for the purpose for which it was provided.

15.2 All personal information will be treated confidentially. On request by you, by a Court of law or any other body entitled thereto by law, we will supply information on your stored data and correct, delete or prevent the further use of the data held.

15.3 The parties to these Terms undertake to one another, where applicable:

a)      to comply at all times with any laws relating to privacy, intellectual property or data retention; 

b)      to obtain and/or maintain all necessary registrations and/or notifications required by any laws relating to privacy, intellectual property or data retention; and

c)       not to do or permit anything to be done which may cause the other to be in breach of any laws relating to privacy, intellectual property or data retention including, without limitation, the improper collection, use, disclosure or loss of data held on any computer or other equipment or held by way of manual or other non-computerised systems and any kind of improper use, disclosure or abuse of computer passwords.

15.4 Whilst we are committed to protecting your privacy, we cannot guarantee the security of information disclosed by you online since the internet is not a secure medium. You must assume the entire risk for using our Website. You must exercise care and accept responsibility for maintaining secrecy of any password and/or account information online. Nevertheless, once we receive your transmission we will take reasonable steps to preserve the security of such information.

15.5 In the event that our Website is sold or integrated into another business, your details may be disclosed to our prospective purchaser's advisers and subsequently to the new owners only for the purposes of maintaining the supply of the Services.

16.    CONFIDENTIALITY

16.1 The parties agree to keep confidential any and all information concerning each other whether disclosed in writing, verbally or in relation to the matters provided for in these Terms. The parties further agree in particular not to disclose all or any part of that information to any third party (except as may be required by mandatory rule of law or order of court of competent jurisdiction or as required for performance of their obligations under these Terms.

16.2 For the purposes of this clause 16, the parties each agree that the information shall not include:

a)      information which is or becomes available in the public domain (on our Website or otherwise);

b)      information which the recipient can establish was at its free disposal prior to its receipt under or in connection with these Terms; or

c)       information at any time received from the recipient from third party not apparently bound (after enquiry) by any obligation of confidence.

17.    GENERAL

17.1 Assignment: You may not transfer any right, benefit or obligation under these Terms. We may transfer our rights and obligations under these Terms by notifying you in writing.

17.2 Enforcement: You will pay us on demand all costs (including legal costs on a solicitor/client basis) incurred by us in connection with any default by you or enforcement action taken by us.

17.3 Entire Agreement: Except as set out in this clause, these Terms constitute the entire agreement between us, you and the guarantor(s), and supersede all representations, agreements and other communications made by us. Certain Terms of Sale in respect of specific Goods or Services that may appear on the reverse of any of AHs’ invoices/ statements or other specific terms may apply in conjunction with or in place of these Terms if we specify. If any part of these Terms is inconsistent with the CCLA, that part prevails over the relevant provision of the CCLA.

17.4 Our Decisions and No Waiver:

a)      a. any power or discretion conferred on us by these Terms may be exercised by us, or we may refrain from exercising that power or discretion, at our absolute and unfettered discretion.

b)      b. if we delay or do not exercise any of our rights or remedies, that will not be a waiver of those rights or remedies. Any waiver we give must be in writing.

17.5 Severability: If any part of these Terms is illegal, unenforceable or invalid, the remaining Terms are not affected.

17.6 Variation: We may in our absolute discretion review and alter these Terms from time to time. If there is a variation to the terms this will be published on our Website.

17.7 Inconsistency: If there is any inconsistency between these Terms and the terms of any order these Terms will prevail.

17.8 Disputes: Any dispute between us and you will be discussed between us in the spirit of goodwill.

17.9 Governing Law: New Zealand law governs this agreement and the parties submit to the exclusive jurisdiction of the New Zealand courts.

17.10     Relationship: The relationship between you and AHs’ is as independent purchaser and seller.

17.11     With the exception of payment obligations under these Terms, neither party will be liable to the other for any delay in performance or for any non-performance the cause of which is beyond the reasonable control of that party.

17.12         AH Sustainability commitment

The fashion industry accounts for around 10% of all human-caused greenhouse gas emissions. AH is committed to creating a sustainable fashion industry with a focus on garment reuse. We support slow fashion by offering alterations on used garments and repairs, post-event.

All offcuts are either repurposed or recycled. You must let us know if you would like your offcuts.

Where possible, new fabrics are chosen for their sustainable properties, with emphasis on those with certifications e.g. GOTS, OEKO-TEX® or Bluesign.