TERMS AND CONDITIONS OF GUIPUREAN WEBSITE

GUIPUREAN.COM (“GUIPUREAN”)

Welcome to Guipurean.com. Your satisfaction is our highest concern so please read the Terms and Conditions (here in after referred to as T&Cs) carefully before using our website and placing any orders on GUIPUREAN.COM. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Guipurean Lotis’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please refrain from using our website. Please Note that the terms and conditions are subject to change and it is your responsibility to familiarise yourself with the terms and conditions and privacy policy (collectively referred to as the “T&Cs”). Unless otherwise indicated, the guipurean.com web site & all of its contents (including without limitation, all text, photographs, images, video & audio) are exclusive property of GUIPUREAN LOTIS (ABN 91 826 653 030) (herein after referred to as GUIPUREAN) and are protected by copyright, trademark, trade dress & other laws.

Personal Details

To use some of the services or features on this website, you may be required to provide your personal details. You are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your information provided change, please update your details immediately in ‘my account’ on the website. You may also want to view our Privacy Policy. We may change registration requirements from time to time. Please refer to our privacy policy for our responsibilities to you in respect to the personal information you have provided.

INTELLECTUAL PROPERTY RIGHTS

Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including GUIPUREAN Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by GUIPUREAN and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights above, “Content” is defined as any graphics, photographs, music, video, or text on this website. GUIPUREAN Content or the server that makes it available is free of viruses. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

COPYRIGHT & NO COMMERCIAL USE

This website is for your personal, non-commercial use only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this website. You may not use this website for any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Unless otherwise indicated, copyright in the information on this website is owned by GUIPUREAN. All rights reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Cth. Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by GUIPUREAN.

YOUR USE OF WEBSITE

You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on and pursuant to this Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C’s, we may deny you access to this website on a temporary or permanent basis.

THIRD PARTY WEBSITES

We may include links on this website to other websites or resources operated by parties other than GUIPUREAN. GUIPUREAN has not reviewed all of the websites linked to its website and is not responsible for the content or accuracy of any of these website pages and we are not responsible for the availability of such external websites, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

COMPENSATION & LIABILITY

You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C’s by you, or arising from the use by any other persons accessing this website using your Internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the website (or any Content) or from your decision to purchase item(s) from GUIPUREAN, except to the extent of our negligence or breach of the these T&C’s.

NO WAIVER

You acknowledge that if you breach the T&C’s and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C’s. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C’s in any way.

Governing Law

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and nay courts which may hear appeals from those courts. Nothing in these terms and conditions derogates from GUIPUREAN’S right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by GUIPUREAN with respect to that use.

Reading down & severability

If any portion of these T&C’s is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C’s and the rest of the T&C’s will not be affected by the severance.

Links to external web sites

Site updates

GUIPUREAN may change, terminate, suspend or discontinue any aspect of this web site including its terms & conditions at any chosen time, without notice. Your continued use of this web site after any changes will be construed as acceptance of any changes to any of the terms & conditions.

Violation of terms and conditions

If there is a violation of the rules stipulated above or breach of any laws, rules & regulations, GUIPUREAN reserves the right to seek all remedies available by law & in equity.

All materials of guipurean.com, including without limited to its software or HTML code, scripts, text, artwork, photographs, images, video & audio, which will be collectively known at ‘materials’. All ‘materials’ are protected by copyright laws & other international laws & treaties. You must comply with all proprietary and copyright notices on this web site. This web site is owned by GUIPUREAN and subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:

reproduce, copy, adapt, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site or otherwise exploit any of its ‘materials’ without our express prior written permission.
(ii) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or
(iii) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of GUIPUREAN, Nothing contained on this Site should be construed as granting any licence or right of use of any elleryland.com trade mark or part of any trade mark displayed on the web site without the express written permission of GUIPUREAN.

GUIPUREAN TERMS AND CONDITIONS

The terms below refer to the customer as ‘you’ or ‘the client’. Guipurean Lotis is referred to as ‘Guipurean’, ‘us’, ‘our’ or we’.

Ordering

Gowns may be purchased as either:

Made to order: An existing design from the Guipurean range is made to a standard dress size from size 6-14. Alterations are additional in charge, unless agreed upon in writing or formally in a current quote.

Made-to-measure: An existing design from the Guipurean range that is modified in design and fit. Alterations to the design after the gown has commenced are additional in charge, unless agreed upon in writing or formally in a current quote.

Custom made: A design is sketched and developed with you and made to your specific measurements at the time of the design consultation. Alterations and/or change to design extending past what was issued in the approved quote are additional in charge.

Payment for your gown may be made in instalments: Booking / Progress / Final

For made to order and made to measure gowns booked:

At least five months before the wedding date:

30% non-refundable deposit of the gown price is required to secure your order; 50% progress payment at the time of the first fitting; and A balance payment of 20% must be paid in full at least 7 days prior to releasing the gown from the Guipurean studio.

Four or less months before the wedding date: 50% non-refundable deposit of the gown price is required to secure your order; and a balance payment must be paid in full at least 7 days prior to releasing the gown from the Guipurean studio. Only credit card or EFT payments are accepted. All credit card payments will incur a 3% transaction fee.

For custom made gowns booked:

At least six months before the wedding date:

30% non-refundable deposit of the gown price is required to secure your order; 50% progress payment at the time of the first fitting; and balance payment of 20% must be paid at least 7 days prior to releasing the gown from the Guipurean studio.

Five or less months before the wedding date:

60% non-refundable deposit of the gown price is required to secure your order. 40 % progress payment at the time of the first fitting and balance payment of 10% must be paid in full at least 7 days prior to releasing the gown from the Guipurean studio.

Only credit card or direct debit payments are accepted. All payments are in Australian Dollars.

Any gown(s) priced at $4500 or less require a 50% non-refundable deposit without exception.

These ordering terms and conditions are strictly non-negotiable unless discussed, between Guipurean head designer and you, prior to the non-refundable deposit being paid; and has been documented in writing. Any promotional codes or offers need to be provided to Guipurean at first meeting, prior to deposit being taken.

Payment of deposit means you accept these terms and conditions. Gown orders will only commence production after initial deposit has been accepted.

Gowns remain the property of Guipurean until paid in full.

Payments are to be made before or by the due date listed on the invoice. Failure to pay on time may result in your gown being delayed.

No gown will be worked on until payment has been received.

All payments must be made by Credit Card or Direct Deposit. All quotes and invoices include 10% Good and Service Tax.

Please note, all Credit Card transactions will incur a 3% surcharge.

Deposits / Refunds.

For all gowns, made to order, made to measure and custom made, as soon as your deposit is paid, your gown order is handed over to the design team, your order is scheduled into our production calendar, the patterns are created and the production of the gown is started. This includes: design research and development, textile sourcing, liaison with you, fabric testing and purchasing, embellishment design – sampling and production, drafting patterns, modifying and finalising patterns, toiling, textile cutting, plotting of patterns, garment machining, hand work, email and face to face conversations. For this reason all deposits are non refundable once your measurements have been taken.

Cancellations

If for any reason your gown is unfortunately cancelled during its development and construction, all payments, deposit, progress and balance payments are forfeited and are non refundable. The gown remains the property of Guipurean and Guipurean reserves the right to sell the gown if the order is cancelled at any stage of the gown’s development, unless the gown has been paid for in full by the client. Guipurean will request that you supply in writing of your weddings cancellation and your acknowledgment that your gown, if chosen not to be completed and paid for in full, will remain the property of Guipurean. In the event a client wishes to still have her gown completed and collected, it must be paid for in full and completed within 2 months of the original wedding date.

We are obliged by law to pay all our employees, suppliers and contractors for any work undertaken on your gown. As such, your deposits and any progress payments are forfeited in the event that you no longer seek to purchase your order by the date originally agreed as we must adhere to the payment terms of our suppliers, contractors and employees. This is non-negotiable or disputable.

Guipurean will not be liable for any money owing to other parties or institutions as a result of the deposits and progress payments being non-refundable.

We currently operate a No Refund & Exchange policy – once you have ordered there is no option to refund or exchange unless under the discretion of the designer, where no work has yet been undertaken.

In such an event where no patterns / fabrics or sewing has started prior to cancelling the order, and a refund has been approved, the designer of Guipurean reserves the right to deduct cost associated with any consult and design services should the order be cancelled prior to starting the development of the gown, to ensure the designers time and design development are compensated for.

All clients – by paying the deposit you are thereby adhering to these terms and conditions. It is your responsibility to read these terms and conditions before going ahead.

3.b Postponements

In the event of your wedding being postponed at any stage of the gowns development, any payments outstanding are required to be paid by the original dates due on / by. If the wedding is postponed more than 6 months from the original date, the gown must be completed, paid in full and collected within 2 months from the date of the original wedding supplied by the client at the time of booking the gown. Failure to do so, the gown will remain the property of Guipurean and Guipurean reserves the right to sell the gown if the progress and / or final payments are not adhered to.

If the gown is postponed during its development and restarted at a later stage with any changes that deviate from the original design quoted in design, sizing and fabrication the Guipurean reserves the right to charge accordingly to cover the additional work created due to change in size, fabrics and design. For any postponements, Guipurean will request a formal notification in writing of the postponement and new proposed date.

Gowns postponed for more than 6 months from the original completion date may incur additional charges as a result of any rate change passed onto Guipurean from suppliers and wage increases.

If your wedding is postponed after the gown has been completed or after a final fitting, the gown will need to be paid for in full and collected from Guipurean within 2 weeks of your original wedding date by you or your nominated representative as our storage space is limited and we cannot hold gowns indefinitely. If the gown is not collected after 3 months or paid for in full, Guipurean reserves the right to sell the gown to compensate with no refund of any deposit or payments to you. Guipurean will not be liable for any damage or loss of uncollected gowns after 3 months left in our possession.

Quotes & Pricing

All pricing is provided in Australian Dollars unless specified otherwise, inclusive of GST.

Quotes are made at the time of order and subject to supplier prices. In the event that suppliers cost increase, the quote is subject to change. Every effort will be made to communicate this to you at the earliest convenience.

The price of the Gown shall be the quoted price or where no price is quoted (or a quoted price is no longer valid) the price stated in Guipurean’s current price list at the time of acceptance of the order unless expressly otherwise agreed in writing by Guipurean.

Guipurean reserves the right to alter its current price list at any time without prior notice. All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time if requiring to be altered by Guipurean, you will be notified prior to any additional charges.
Guipurean reserves the right to charge for all preliminary work undertaken including appointments, design sketches and samples produced at your request. Where no charge has been agreed then these will be at the value of work done and materials supplied.

4.1 Custom Made Quotes & Pricing

Please note, all custom gowns are quoted and invoiced as accurately as possible. Due to the nature of all custom designs, some aspects may be required to be modified to ensure a perfect fit, proportional design and flawless finish. In some circumstances this may require additional hours on top of what has been quoted. In the event of such occurrence, the client will always be informed of any changes that may incur additional cost. Guipurean will not carry out any additional work on top of what has been quote without the clients review of the additional cost and subsequently their approval.

Consultations, Fittings and Sizing

Consultations and fittings are up to 60 minutes in length. The quantity of fittings will vary depending on the service the customer has selected and outlined in the invoice. Our studio is by appointment only and the customer will be provided with allocated consultation and fitting dates, organised within 4 weeks prior to each appointment.

Please come to your fittings with your bridal underwear and shoes. We kindly request no makeup, tanning creams or transferable hair dyes to be worn as this may stain your dress before the wedding and Guipurean will not be liable for any damage or stains that occur as a result of not adhering to the request.

The consultations and fittings are essential to achieve an exceptional result and for this reason we kindly request no more than 2 additional friends or family members to attend the consultations and fittings to ensure there are no distractions for the designer and you.

IMPORTANT: The creation of a made to measure or custom gown is a detailed process, from pattern, to alterations and gown sewing, in which the Guipurean team take great pride in ensuring every stage is given the attention it requires. Modifications to design, changes to fit, additions and subtractions to a gown AFTER we have started the pattern development will result in additional time to be spent to change them to a new design and therefore we must pass on this cost to the client for her change of mind. For this reason, we will require the client (the bride) to sign off on the final prototype, declaring she approves the fit and design of her gown BEFORE the real gown is cut to ensure there are no modification once the real gown is constructed.

5b. Sizing

The fit and sizing of any Guipurean gown – Made to order, Made to Measure and Custom are developed from the initial measurements provided at the time of booking or in the case of custom made to measure and custom, at the time of your first appointment. We understand sizing and fit may fluctuate during the development of your gown whether it be Made to Order, Made to Measure and Custom.

For this reason we have the following guidelines and process of development:

For Made to Order gowns, where the gown is purchased at a standard size, 6,8,10,12,14,16 we recommend ordering the gown to your size based on your measurements at the time of purchase. Should your size change prior to your wedding, we recommend enlisting a qualified dressmaker to alter your gown to your new measurements. Guipurean will not be liable or offer a refund or exchange should you gown no longer fit your measurements that were provided at the time of purchase.

For Made to Measure and Custom gowns, where a gown is created to your specific measurements, we develop the gown in stages with a series of fittings with a prototype (toile). Once the fit and design has been finalised, we then move into cutting and creating the real gown. At this point we request the bride remains close to her sizing to ensure the real gown remains accurate in fit and no unnecessary resizing or unpicking of the gown is required due to change of size. Any additional resizing, unpicking or recutting of the real gown will result in an additional charge to cover the cost of our team to redo any part of the gown.

ANY modification to design or fit on the real gown will result in additional time and possibly recutting, all of which has not been included in the approved quote and therefore must be charged accordingly. Minor fitting changes where seams are required to be taken in less than 2cm total across the dress, hem levels and sleeve lengths shortened are excluded from this condition.

Design

The gown design remains the intellectual property of Guipurean at all times.

Garment Care

Your gown will be given to you in a breathable bridal garment bag. This bag is not intended for long term storage or to withstand dampness, direct sunlight, direct heat or exposure liquids or other chemical substances. Should you feel that your Gown will require additional protection on pick up please advise Guipurean 7 days prior to collection. We will do our best to accommodate your requirements best to our ability but we are not liable for any damage a Gown receives once it has left our premises.

Only use professional dry cleaners specialising in bridal gowns. Our gowns are made of various materials, laces and embroideries, each of which requires different requirements for care. Please use bridal professional dry cleaners only. Guipurean is not liable to any damage to any gown as a result of dry-cleaning.

Liability

We will take your measurements at the time of booking the gown. Guipurean is not responsible should the customer’s body measurements fluctuate after the initial measurements are taken. Whilst every effort will be made to adjust the garment, no guarantees are made for perfect fit should the customer’s body shape or measurements change, we cannot be held accountable for this and the bride must pay the alteration costs.

We will not be responsible if our suppliers do not deliver fabric / materials to the date provided to Guipurean at the time of Guipurean placing the order to the supplier. Every effort will be made to supply a suitable replacement in this unlikely event and the customer will be notified immediately in the event.

Made to order and made to measure gowns may vary slightly from the original sample in colour and/or shading due to the variations in dye lots, and availability of material.

Gowns paid in full must be collected within a maximum of 6 months after the advised wedding date, unless otherwise arranged. A charge of 10 per cent of the gown value will be applied per month should we need to hold the gown for longer.

Uncollected gowns not paid in full will be returned to stock and resold. Money paid to date is forfeited if orders are not paid for in full and uncollected.

We do not take any responsibility for a garment once it has left our possession. A garment left on our premises in storage after completion of sale / original wedding date is left at the customer’s own risk.

Guipurean accepts no responsibility or liability for the suitability of a gown for use outside its intended purpose.

Guipurean shall not be liable to the customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the customer’s obligations in relation to the Gown, if the delay or failure was due to any cause beyond Guipurean’s reasonable control.

Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Guipurean reasonable control:-
a. Act of God, explosion, flood, Pandemic, tempest, fire or accident;
b. import or export regulations or embargoes;

c. Machinery breakdown or delay as a result of supplier, contractor or employee illness or injury.
d. The customer accepts that there will be minor variations in colour, lace and fabrics, between the original sample or image and that produced by Guipurean.

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