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Please read the following important terms and conditions before making a booking or a purchase.
This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions on which we sell Gift Vouchers and any Workshop or sewing work (clothing alterations, repairs, bespoke work, and teddy hospital) listed on our website to you. We are under a legal duty to supply these services and products that are in conformity with these Terms.
These Terms will apply to any contract between us for the sale of Gift Vouchers to you or the booking of a Workshop or sewing work. Please read these Terms carefully before ordering any Products or booking any Workshop from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase a Gift Voucher or book any Workshops.
Sewing Work is automatically bound by the terms of this contract.
When purchasing Gift Vouchers or booking any Workshop you also agree to be legally bound by our Privacy Policy.
When making a service appointment, which are free, you are also automatically bound by the terms of this contract.
If you do not understand any of these Terms and want to talk to us about them, please contact us by email at yourlocalsewist@outlook.com
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order, please read these Terms carefully and contact us if you have any questions about them. These Terms were most recently updated on 11th December 2022.
These Terms, and any Contract between us, are only in the English language.
Information about us
1.1 This contract of agreement “the agreement” is between “Us” Your Local Sewist and “You” the customer of our service, and the delivery of a service and/or our products. We operate the website www.yourlocalsewist.site. We are Your Local Sewist. A Sole owner operator business registered in Australia number 35 518 847 810 and with its registered address at 4/111 Central Avenue, Indooroopilly, QLD 4068. That is also our main trading address. We provide clothing alterations, clothing repairs, bespoke clothing, Workshop, and gift cards as well as a Teddy hospital.
Contacting us if you are a customer:
1.2. To cancel a workshop in accordance with your legal right to do so. Cancellation of service within 48 hours of the appointed time is required to obtain a refund otherwise the customer is liable for the full fee for service. Cancelation within 48 hours unless there are exceptional circumstances prevailing and solely at our discretion The easiest way to cancel is to e-mail us at yourlocalsewist@outlook.com. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send the e-mail to us.
1.3 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at yourlocalsewist@outlook.com
1.4 If we must contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your booking.
Contacting us if you are a business:
1.5 You may contact us by email at yourlocalsewist@outlook.com. If you wish to give us formal notice of any matter in accordance with these Terms.
Our website
1.6 The images on our website are for illustrative purposes only. Any likeness is coincidental.
This clause 2 only applies if you are a customer.
2.1 If you are a customer, you may only book a workshop or work consultation if you are at least 18 years old. A parent or guardian must book on their behalf.
This clause 3 only applies if you are a business.
3.1 If you are not a customer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase gift cards or book a workshop and appointments.
3.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.
3.3 You acknowledge that in entering this Contract you do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
3.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
How the contract is formed between you and us
4.1 Our on-line booking page will guide you through the steps you need to take to make a booking or purchase a gift card with us. Our order process allows you to check and amend any errors before submitting your booking or order to us. Please take the time to read and check your order at each stage of the process.
4.2 After you purchase a gift card or make a booking, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the gift card has been dispatched or that a workshop has been booked, In addition, with confirmation of consultations for alterations and repairs, Teddy hospital and cushions. The Contract between us will only be formed when we send you the Dispatch Confirmation or the Workshop Confirmation.
Our right to vary these Terms
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated, and which Terms were changed.
5.2 Every time you purchase a Gift Voucher or book a Workshop with, the Terms in force at the time of your order will apply to the Contract between you and us.
5.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
5.4 Changes in relevant laws and regulatory requirements; and
Other circumstances.
5.5 If we must revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected workshops yet to be attended or Gift Vouchers not yet used. If you opt to cancel, we will arrange a full refund of the price you have paid.
Your consumer right of return and refund
This clause 6 only applies if you are a customer. It applies when you want to cancel a Gift Voucher or return unsatisfactory sewing work, but it does not apply if you want to cancel a Workshop. If you want to cancel a Workshop, clause 7 will apply instead.
6.1 If you are a customer, you have a legal right to cancel a Gift Voucher or return unsatisfactory sewing work under The Australian Competition and Consumer Act 2010 during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to keep a Gift Voucher or return sewing work, you can notify us of your decision to cancel and receive a refund.
6.2 However, this cancellation right does not apply in the case of the Gift Voucher already being in the possession of the giftee. Only the purchaser may obtain a refund.
6.3 The deadline for returning unsatisfactory sewing work is 40 days from date of collection of sewing work. This date is logged when sewing work is collected.
6.4 To cancel a Gift Voucher, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at yourlocalsewist@outlook.com. If you use this method, we will e-mail you to confirm we have received your cancellation.
6.5 If you cancel your Gift Voucher we will:
6.6 Refund you the price you paid for the voucher less $10 administration fee.
6.7 If you return unsatisfactory sewing work, please make an appointment to visit the studio and explain the complaint. Or email us at yourlocalsewist@outlook.com and describe the fault.
6.8 We will make any refunds due to you or re-do the sewing work at no extra cost to you. If the sewing work is irreversibly damaged or unfixable, a similar suitable item will be purchased by us in its place or a reimbursement for the garment on presentation of the purchase receipt of the garment. If no receipt exists, we will purchase a similar suitable garment.
6.9 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Workshops, we may refund you in vouchers.
6.10 No refund or rework will be given if the work is completed as requested, discussed and logged at time of presentation. Any additional work must be paid for according to the pricing on the website www.yourlocalsewist.site. Except where the work is unsatisfactory, meaning completed with errors. Your Local Sewist does not refund or work for free due to a change of mind.
6.1 Because you are a consumer/customer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer/customer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from the ACCC https://www.accc.gov.au/contact-us/contact-the-accc
Cancelling a Workshop
7.1 In exceptional circumstances we may have to cancel a Workshop. If that happens, we will give you as much notice as possible and will try to accommodate you on a different date, or refund your fee paid, whichever you prefer. We do not accept liability for travel or other costs.
7.2 If you cancel your attendance at a workshop for any reason, prior notice of min 48 hours is required if cancelling a workshop for a full refund to be valid subject to our refund administration fee.
7.3 You may pass your attendance at a workshop onto another person providing you inform us by email at least 48 hours before at yourlocalsewist@outlook.com
7.4 No refunds are given on any workshops, unless there are exceptional circumstances prevailing and solely at our discretion.
Pickup and Delivery
8.1 Pick up and delivery is not included in any service provided by Your Local Sewist.
8.2 It may be offered in cases of illness, disability, and unexpected loss of transport. Please email yourlocalsewist@outlook.com to arrange or call 0405 513 150 to discuss.
Gift Vouchers
9.1 Gift Vouchers can be purchased online and are valid for up to 3 years. We will email your voucher to you or your specified recipient or you can print it yourself. Gift Vouchers are redeemable for Workshops only and cannot be redeemed for cash. Your statutory rights of cancellation are as set out in clause 6 and 7 above.
Price of services
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. Sewing work must be seen for an accurate price. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered on to the system.
10.2 Prices for our services may change from time to time, but changes will not affect any service you have already booked.
10.3 The price of a Product includes GST.
10.4 Where the Service correct price is less than the price stated on our site, we will charge the lower amount. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the service to you at the incorrect (lower) price; and
10.5 If the Product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
10.6 When a client changes their order by modifying their request or adding extra requests, it need to be paid for and the extra costs will be estimated and added to the original fee for service at the prevailing rate.
10.7 Should a custom/bespoke project become more costly or take longer to produce than initially expected, Your Local Sewist reserves the right to inform you and cancel the assignment or to renegotiate new terms. Neither party is obliged to continue.
How to pay
11.1 You can pay for a workshop using a debit or credit card, bank transfer, cash, or gift voucher.
11.2 Payment for the Workshops is a deposit of half the cost in advance. The balance payable before the start of the Workshop. Payment for sewing work is payable when collected. Except, bespoke sewing work, which requires a 30% deposit plus any fabric costs.
Guarantees
12.1 All Workshops are guaranteed to deliver what is set out in the Workshop description. All Sewing work is guaranteed to be carried out as agreed between us and you the customer at the time of presentation. Scope of work is noted on delivery.
Our liability if you are a business
This clause 13 only applies if you are a business customer.
13.1 We only carry out sewing work as instructed by you, the business. This is as per email confirming the required sewing work.
13.2 Nothing in these Terms limits or excludes our liability for:
13.3 Death or personal injury caused by our negligence.
13.4 Fraud or fraudulent misrepresentation.
13.5 Breach of the terms implied by The Australian Competition and Consumer Act 2010
13.6 Defective products under The Australian Competition and Consumer Act 2010
13.7 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.8 Any loss of profits, sales, business, or revenue.
13.9 Loss or corruption of data, information, or software.
13.10 Loss of business opportunity.
13.11 Loss of anticipated savings.
13.12 Loss of goodwill; or
13.13 Any indirect or consequential loss.
13.14 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
13.15 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the services are suitable for your purposes.
Our liability if you are a customer
This clause 14 only applies if you are a customer.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time, we entered this contract.
14.2 We only supply the services for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
14.4 Death or personal injury caused by our negligence.
14.5 Fraud or fraudulent misrepresentation.
14.6 Any breach of the terms implied by The Australian Competition and Consumer Act 2010 including the right to receive products which are: in conformity with these Terms; as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and
14.7 Defective products under The Australian Competition and Consumer Act 2010
Events outside our control/ Force majeure
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (but not including strikes, lock-outs or other industrial action by our own employees), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks and electrical power supply that are not under our control, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport that are not under our control.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4 We will contact you as soon as reasonably possible to notify you and we will take reasonable steps to minimise the delay; and
15.5 If we have complied with our obligations, our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.6 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant services you have already received and we will refund the price you have paid, including any delivery charges.
Communications between us if you are a customer
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer, you may contact us as described in clause 1.4.
Communication between us If you are a business
17.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service or e-mail.
17.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
17.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Privity of Contract) The Australian Competition and Consumer Act 2010 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a customer, please note that these Terms are governed by Australian law. This means a Contract for the purchase of services through our site and any dispute or claim arising out of or in connection with it will be governed by Australian law. You and we both agree to that the courts of Australia will have non-exclusive jurisdiction. Any disputes to be resolved under the laws and regulations of Queensland.
18.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia and under the laws and regulations of Queensland.
18.8 If you are a business, we both irrevocably agree that the courts of Australia and therein the laws and regulations of Queensland, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).