Terms & Conditions
Please note, price increase to $165+gst per hour, effective 1st September 2023
TERMS AND CONDITIONS
When you engage The Trustee for the Wilks and Taylor Family Trust trading as ILKA (ILKA, we, us, our) to consult with you, alter and/or redesign and fit a garment in accordance with your instructions (the “Services”), you agree to be bound by the following terms and conditions.
- ILKA’s standard turnaround time for the Services is between 5 to 8 weeks prior to your desired completion or event date (“Event Date”). This may vary in peak season (October to March). You agree to provide us with instructions for the Services you require a minimum of 5 weeks before the Event Date.
- If necessary, ILKA may agree to complete the Services in less than 5 weeks (a ‘rushed’ turnaround), subject to availability. You acknowledge that ILKA’s rush fees in these circumstances will include an increased hourly rate of labour to be advised (usually between $200 to $250 plus GST per hour).
- The costs and timeframe ILKA provides to you for completion of the Services relate to the instructions you have provided in your first consultation with ILKA. If you change your mind, ILKA, at its discretion, may work with you to find a solution, subject to availability, additional fees and a new completion date.
- You must inform us as soon as possible of any circumstances which impact upon your event date or the required Services including weight loss, weight gain, pregnancy, breastfeeding or if you are post-partum. If you fail to inform us within an appropriate timeframe of anything material which is likely to affect the Services (including the fit of the garment), ILKA will not be responsible for the Services, including any incorrect fit of the garment.
- If your body shape is due to change for any reason you may require additional fittings and further changes to the garment, subject to availability, additional fees and a new completion date.
- You must inform us as soon as possible if your Event Date is moved forward. ILKA at its discretion (subject to availability) may:
- complete the Services you originally asked for in readiness for the new Event Date, subject to additional ‘rush’ fees (to be advised); or
- work with you to explore alternative options to ensure completion of your garment by the new Event Date.
- If you require additional Services after you have taken your garment from ILKA’s premises after your final collection fitting, ILKA may exercise its discretion to provide additional Services, subject to availability, additional fees and a new completion date.
- You acknowledge that not all alterations to a garment can be undone and you agree that any instructions to ILKA will be provided with due care and consideration.
- You agree to book and attend at least two fittings with ILKA to complete the Services (the first fitting and the final collection fitting), or as otherwise required by ILKA in its discretion.
- If you attend your first fitting and decide not to proceed with the Services you agree to pay a fee of $165 plus GST per hour or part thereof for the first fitting.
- If you fail to attend a fitting without giving at least 24 hours’ notice of your inability to attend, ILKA reserves the right to charge you $82.50 plus GST.
- You agree to wear the same underwear and height shoes to each fitting that you intend to wear with the garment once the Services are completed. ILKA takes no responsibility for any change to the fit of the garment (including the hemline) if you use alternative underwear or height shoes than those worn to the fittings.
- You acknowledge that ILKA cannot hem your garment unless you bring and wear the correct height shoes at the fitting. If you fail to bring the correct height shoes you will require an additional fitting at an additional cost to you.
- You are responsible for any marks or stains sustained by the garment during a fitting including as a result of make up, self-tanning lotions, deodorants, lotions or medications you use. We recommend that you avoid applying such products to your body prior to attending or during a fitting.
- On the completion of your final collection fitting, you agree that if you take the garment away from ILKA’s premises, you are satisfied with the Services and accept the garment on an ‘as is’ basis.
- We reserve the right to decline any orders.
- We reserve the right to decline any requests for design or alteration changes, including if such changes are likely to impact on meeting your required completion date.
- If you are rude, abusive and/or disrespectful to ILKA or its staff, ILKA reserves the right to discontinue the Services for your garment immediately and, at its discretion, to retain any payments already made by you.
- ILKA will provide you with a cost estimate for the Services at the completion of your first fitting. You acknowledge that the cost estimate provided is an estimate only and is subject to change. ILKA will notify any changes to the cost estimate to you within a reasonable timeframe.
- ILKA's standard hourly rate for the Services is $165 plus GST. Increased hourly rates (eg $200 to $250 plus GST) will apply for rush jobs with less than a 5 week turnaround or for more complicated Services. The applicable hourly rate will be included in the estimate provided to you at the completion of your first fitting.
- For re-design services, the hourly rate for this service is $330 plus GST. This service is for customers who request for customisation such as but not limited to; bodice redesign, neckline redesign, skirt redesign, full redesign or vintage redesign.
- You agree to pay a deposit of 50% of the cost estimate for the Services and any materials and products you choose to purchase, payable at the completion of the first fitting (or as soon as practicable thereafter).
- ILKA will commence the Services once the deposit is received, but not before.
- You acknowledge and accept responsibility that if you delay in paying the deposit the completion date for the Services will also be delayed.
- Final payment for the Services is due or before the date of collection of the garment from ILKA’s premises. ILKA will not release the garment to you unless final payment has been received or proof of payment is provided.
- Direct deposit to ILKA’s account details preferred or EFTPOS facilities available at our fitting rooms. Surcharges apply for card transactions. Over the phone payments and international cards are not available.
- ILKA will provide you with a tax invoice upon request which will include the GST component.
WARRANTIES and LIABILITY
- All Services are provided as-is, and to the maximum extent permitted by law, ILKA disclaims all warranties, express or implied, including without limitation the warranty of merchantability and fitness for a particular purpose.
- Where ILKA is liable for a breach of a consumer guarantee, ILKA’s liability (if any) is limited with respect to the supply of goods, to the replacement or repair of the goods or the costs of resupply or replacement of the goods or with respect to services to the supply of services again or cost of re-supplying the services again.
- If you proceed with the Services, you acknowledge that any warranty from the original store, supplier or brand from which you purchased or obtained your garment may be rendered void and will no longer apply. Please contact the original store, supplier or brand for more information about this.
- ILKA is not responsible for Services in respect of garments that are not in reasonable saleable condition eg. if the garment has been damaged or marked before it is given to ILKA (including from fair wear and tear or drycleaning) or has inherent flaws or imperfections. You agree to notify ILKA of any such flaws, marks or imperfections and if ILKA identifies anything further, it will notify this to you.
- ILKA is not responsible for Services in respect of garments which are not measured, fitted, pinned, altered or reworked by ILKA.
- ILKA is not responsible for the quality of materials purchased by you or a third party which you have instructed ILKA to use in connection with the Services.
- ILKA is not responsible for any damage to your garment once you have collected the finished garment from our premises.
- ILKA is not responsible for marks, pulls or other imperfections or damages to the garment which were present before providing the garment to ILKA or which have been sustained by the garment as a result of your act or omission, or that of a third party.
- If you request complex alterations or redesign which ILKA has advised are not suitable to achieve your aims or are high-risk, ILKA will not be liable if you decide to proceed with these alterations or designs.
EVENTS OUTSIDE OF ILKA’S CONTROL
ILKA is not responsible for any delay or failure in performance to the extent that it is caused by you (including your delay to provide payment or instructions), a third party or 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 ILKA, including acts of God, fires, floods, explosions, riots, wars, hurricane, terrorism, vandalism, governmental acts, injunctions, labour strikes, and errors or omissions of a manufacturer or distributor.
TITLE TO THE GARMENT
- Title to the garment passes to you once ILKA receives your final payment for the Services and you have collected the garment from ILKA premises.
- ILKA reserves the right to retain ownership of the garment and dispose of it as we see fit if you fail to collect the garment within 90 days from the date that ILKA notifies you it is ready for collection using the contact details that you have provided to ILKA.
- Either party may terminate this agreement at any time including for breach of these terms and conditions.
- Your failure to pay ILKA’s fees will be deemed a breach of these terms and conditions.
- You agree that if you terminate more than 48 hours after paying your deposit for the Services, you will forfeit your deposit.
- In addition to forfeiting your deposit, if you terminate this Agreement, you must pay for Services completed up until the date of termination including payment for any materials ordered by ILKA on your behalf.
- ILKA owns the intellectual property rights in any designs, sketches and garments authored or created by ILKA, including in consultation with you.
- You consent to, and agree that, ILKA will take photos of you in your garment during a fitting for the purpose of providing the Services. You agree that ILKA owns the copyright in such photos. ILKA will not use your photos for marketing purposes without your express consent.
You agree to indemnify ILKA and hold us and our subcontractors and employees harmless from any claim or demand made by a third party due to or arising out of your breach of these terms and conditions.
- These terms and conditions constitute the entire agreement and understanding between the parties and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of ILKA’s Terms and Conditions).
- ILKA is not responsible for representations (whether oral or written) made by third parties in respect of ILKA’s Services (ie the store from which you purchased your garment). Such representations do not form part of ILKA’s agreement with you.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia. Any dispute or claim arising out of or in connection with the Services shall be subject to the exclusive jurisdiction of the courts of Western Australia.