Layaway Policy Terms and Agreements:
I _______________________________, understand and agree by my initials in the space provided to left of each item, and by my signature at the bottom of this contract, to all of the following:
________ All payments must be made in USD at the value of the USD no matter the exchange rate.
__________ My 40% deposit of $______ is non-refundable; and should I default on my payments, or cancel my order after the initial 30 days from the time of placing my order that I will not be issued a refund on my deposit.
__________ Once my 40% Deposit has been accepted, I am entering into a contract in which I agree to honor the time slot reserved for me, the amount of which shall be determined prior to entering this contract; as well as agreeing to the specified amount of the Labor estimate as outlined in the above section. I understand and agree that by my initials to the left and signature below that there is an expectation upon the receipt of my deposit that I will, in good faith, honor the agreement to purchase said garment, and will follow through to the conclusion of the construction of my gown/ensemble.
__________ If my order has been canceled after my fabrics have been purchased and shipped to DFT, DFT will return my fabric at my expense - whether or not the items have been cut out. The cost for shipping and handling, if exceeding the original shipping fees upon placing my order, the remainder will be deducted from any payments I have made in addition to my 40% deposit, and the remainder will be refunded
__________ Should I decide to cancel my order within the first 30 days of placing my order and the receipt of my 40% deposit to reserve my spot on DFT’s calendar, a fee of $100 will be subtracted from my 40% deposit to cover any time spent in consultation, sketching, researching, gathering fabric links, and/or embroidery patterns for the purposes of designing my gown/ensemble.
__________ Should I cancel my order after 60 or more days following the payment of my 40% deposit, I will forfeit my entire deposit to cover any lost income for the amount of time my reservation was on DFT’s calendar making it necessary to turn away other clients to accommodate my reservation.
__________ Christine Helman, a.k.a., Designs From Time et al, hereafter to be called DFT, shall fill any and all orders on a first-come, first-served basis and that there may be orders ahead of mine; therefore, I understand and agree that I cannot expect nor contact DFT and request my garment to be given priority over other paying client’s orders.
__________ Once my labor estimate has been calculated, and a contract drawn up, any requested changes or additions made by me to my original design sketch and description will result in a reassessment of total labor fees.
__________ DFT does not offer refunds or exchanges.
__________ I am responsible for obtaining and providing accurate measurements taken in “inches” not in the metric system, as well as to provide DFT with a duct-tape toile (mock up).
_________ I have been informed the instructions for creating my duct-tape toile is available on the DFT’s website under the heading “Taking Your Measurements.” I further understand and agree that a muslin mock-up will be created by DFT and sent to me, and that it is my responsibility to take this muslin mock-up to a professional to be fitted at my own expense, separate from my labor fees, and return the fitted muslin mock up back to DFT at my expense; whereupon my final pattern shall be rendered using this mock-up.
__________ If I fail to have this mock-up fitted by a professional, and my garment does not fit properly, DFT will not be held liable. I understand and agree, that any alterations required as a result of an ill-fitted mock-up will require that I be placed on the next available time slot – which can be several months to a year, and that alteration fees of $15 an hour will be charged at my expense – if altering the garment is possible.
__________ My failure to return this contract with my 40% deposit within 7 business days of receiving by mail or via PDF attachment via Email, can result in another client’s order being given priority over mine, and therefore, I may lose the time slot offered me, and will have to accept the next available time on DFT’s calendar.
__________ My estimated date of delivery will not go into effect until Designs From Time has received ALL of my fabrics. The date of delivery is not calculated at the time of my 40% deposit.
_________ ALL my fabrics and materials must be shipped no less than two months in advance of my scheduled time slot, which is to commence on the first day of the month of my allotted time and will be shipped to:
Christine Helman - Designs From Time
_________ My 40% deposit shall be used to 'hold' the time slot on DFT's calendar, and if for any reason I fail to provide Designs From Time with the necessary supplies, fabrics, notions, embellishments, measurements, or any information requested that is crucial to the construction of my garment by the 1st day of the month on which my time slot is to begin, at the sole discretion of DFT, I may:
__________ Any and all supplies including but not limited to, fabric for lining, embroidery thread, interfacing, boning, quilt batting, bodice/doublet lining, linen for shirts/chemises, metallic findings, trims, gross-grain ribbon, grommets, embroidery thread, beads, piping cord, embroidery stabilizer, Pellon, or any other supplies purchased by DFT that is used in the construction of my garment, will be itemized on my final statement and is due in full, in addition to my remaining balance for labor fees. I further understand and agree that DFT can only give me a rough estimate on the amount of said supplies based on averages for other clients, and that that estimate is not to be construed as an exact amount I am to be billed.
__________ The turnaround time offered by DFT is “estimated” time ONLY, and can vary depending upon the intricacy of the design, mechanical problems with equipment, illness, or the need to order materials such as trims, or other embellishments necessary to complete my order; therefore, if needed by a specific event I must fully disclose this to DFT prior to my order and follow the specific protocols set forth for fitting and purchasing fabrics to ensure proper fit and timely delivery.
__________ My deposit and all payments must be made via Pay Pal or a Cashier’s Check issued from my bank. Cashier’s Checks must be made out to: “Christine Helman.” I further understand that DFT does not accept money orders or cash as payment or for deposit unless agreed upon by DFT prior to placing my order.
__________ DFT accepts personal checks only at the sole discretion of the Designer/Owner, and only in the case that I do not have a Pay Pal account or have access to Cashier’s Checks issued from my bank. I understand that I need to make arrangements with DFT et al prior to using the option of payment via personal check.
__________ Should Designs From Time agree to accept my personal checks, that I will accept FULL responsibility for any and all service fees that are applicable in the event of a returned check by my bank for non-sufficient funds (NSF). I further agree, that if my personal check is returned by my bank for NSF, I will pay a fee of $45.00, or the amount specified by Chase Bank, charged to Christine Helman, and any and all penalties incurred by DFT’s bank as a result of my bank returning my check for NSF. I understand that these fees will be due immediately, and no later than my next month’s payment (if agreed upon by DFT), which should be sent in addition to the regular monthly amount stipulated in this contract.
__________ If DFT has agreed to accept personal checks for monthly payments and one of my checks are returned, DFT will no longer accept payment via personal checks, and that I must then make all remaining payments via Cashier’s Check or PayPal.
__________ It is my sole responsibility to keep track of my monthly payment obligation, i.e., due dates and my balance owed.
__________ If my purchase is made via Etsy ALL payments must be processed through Etsy, and cannot be made off that site.
__________ Designs From Time et al does not send monthly billing statements unless I personally request it, and that my payment is due immediately upon the receipt of said statement.
__________ My schedule of payments outlining the amounts and the dates of my payments are included in this contract above and that it is my sole responsibility to make and keep a copy of this contract after signing and returning the original to DFT. I further understand and agree that if I lose my copy of this contract, DFT will not accept that loss as a reason for any late or missed payments, nor is DFT bound by this agreement to reinstate my status should I be found to be in default.
__________ It is my sole responsibility to immediately update DFT should there be any changes to my mailing address, physical address, Email, or contact phone numbers.
__________ If the numbers or email address I have provided in this contract becomes outdated before the completion of this lay away, DFT has my permission to contact the person I have listed as a “Secondary Contact.”
__________ Should I move or change my numbers and I do not contact DFT with my forwarding information, whether or not I have completed my contractual obligation for payments, I must contact DFT within 30 days. If I do not contact DFT within 30 days, my items will be stored for a fee of $15.00 per month, and held for no longer than six months before my items will be forfeit without refund of the total cost for the labor, and may be sold by DFT to recoup any lost labor or materials not covered in my final statement and/or storage fees.
__________ I will have a grace period of no more than three days from the date stipulated in this contract before my account will be deemed to be delinquent. I hereby understand and agree that on the 4th day, if my account had not been brought current, I will be deemed to be in breach of my contract and my account marked as delinquent and considered to be in default. I further understand and agree by my initials to the left and signature below, that no extensions will be granted for my due date beyond the 3 days as stipulated herein.
__________ Should my account be deemed to be in default my order and timeslot will be forfeit and DFT has the option to refuse to reschedule my order for a later time slot, and/or refuse any future orders by me for non-payment and breach of contract.
__________Should I be deemed to be in default of my contract for late or missed payments, the labor estimate originally agreed upon shall be considered null and void, and my order may be subject to renegotiation of labor fees for the same garment; even at a higher rate.
__________ If fabrics used for my order are those that DFT has in stock, and I have already reimbursed DFT for their cost, and I cancel my order, or my order is canceled due to defaulting on my contracted payments after the pattern has already been cut out in that fabric, DFT will not refund me the cost of that fabric. Instead, DFT will ship the fabric “as is” but ONLY if the cost of material has been paid in full.
__________ If my order is canceled, and I have not reimbursed DFT for any fabric in stock, and construction has begun, the cost of this fabric, as well as any labor that has accrued, shall be deducted from any payments I’ve made in addition to my 40% deposit. However, I understand and agree that if the cost of the accrued labor and/or fabrics exceeds the amount of payments I have made thus far, in addition to my deposit, I will be responsible for paying the remaining amount of labor – whether or not the garment has been completed - before my fabrics are returned at my expense.
__________ If my order is canceled – either by me or by DFT for breach of contract for default, and the labor fees exceeds the amount of my payments, any and all fabrics, whether provided by DFT from her stock or shipped to DFT by me or the vendor where I purchased it, DFT will confiscate my unfinished garment and sell it to compensate for any arrearages on my account.
__________ Should I be deemed to be in default, and my order is canceled by DFT, any labor that has accrued, whether or not my garment is completed, will be deducted from any payments I have made in addition to my non-refundable 40% deposit and the remainder, if any, will be reimbursed to me and my fabrics returned. Should the cost of shipping said fabrics cost more than the original shipping added to my labor estimate, that amount will be deducted from any reimbursement, if any.
__________ If I am deemed to be in default of my contract, due to late or missed payment, and my 40% deposit or any and all payments I have made thus far do not cover the total labor fees applicable for any labor that has accrued thus far, DFT et al reserves the right to confiscate and keep all materials and unfinished items in order to finish and resell them in an effort to recoup any outstanding labor fees or fees for supplies purchased by DFT to complete my order.
__________ If I am found to be in default for missed or late payments, and I have not made any payments other than the 40% deposit specified in this contract, and the labor fees accrued are less than the amount of the specified deposit, DFT et al will deduct any accrued fees and refund the remainder of my deposit, MINUS any and all shipping and handling (packaging) fees required to return my unused fabrics and/or any cut-out and unfinished pieces if that amount exceeds the original shipping fees quoted when my order was placed. I understand that if shipping is greater than any amount that remains from my deposit (after deducting any accrued labor) I understand that it is my sole responsibility to pay the difference either by PayPal or Cashier’s check issued by my bank BEFORE my fabrics or materials will be returned.
_______ Should I not have my fabrics shipped to DFT et al two months in advance of the 1st day of the month of my scheduled timeslot, that I will be charged a late fee of $25 per week, for every week I cause DFT et al to delay. I further understand and agree by my initials and signature below, that should I cause said delay, my time slot on the calendar will be forfeit and it will be up to the discretion of DFT whether or not my order will be rescheduled to the next available opening.
__________ My items will not be shipped until my final payment has been received, and/or payment has cleared my bank.
__________ I am responsible for purchasing insurance to cover the cost my items if lost or damaged during shipment. Furthermore, I understand and agree that any and all customs fees and import taxes are my sole responsibility, and should my items be lost during shipping, or in customs, DFT will not be held liable and no refund will be issued to me to cover said loss.
__________ If I have not made any payments other than the 40% deposit specified in this contract, and the labor fees accrued are less than the amount of the specified deposit, DFT et al will deduct any accrued fees and refund the remainder of my deposit, MINUS any and all shipping and handling (packaging) fees required to return my unused fabrics and/or any cut-out and unfinished pieces to me. I understand that if shipping is greater than any amount that remains from my deposit (after deducting any accrued labor) I understand that it is my responsibility to pay the difference either by PayPal or Cashier’s check issued by my bank BEFORE my fabrics or materials will be returned.
_______ Should I not have my fabrics shipped to DFT et al two months in advance of the 1st day of the month of my scheduled timeslot, and that I will be charged a late fee of $25 per week, for every week I cause DFT et al to delay. I further understand and agree by my initials and signature below, that should I cause said delay, my timeslot on the calendar will be forfeit and it will be up to the discretion of DFT whether or not my order will be rescheduled to the next available opening.
With a 40% Deposit you can make affordable payments,
the number of which to be determined by the item and cost of labor fees.
**Minimum purchase of $150 to be eligible
Designs From Time