TERMS AND CONDITIONS

These Terms of Services (“Terms”) constitute the entire understanding and agreement between the Client (“the Client”) and Designer Elisabeth Babarci relating to the Purchase of the Design, Garment, Tailoring Services, or Sales, described on the invoice (the “Services”) and supersedes and replaces any and all prior agreements, whether written or oral, that may exist between them with respect thereto.

Designer Elisabeth Babarci’s Business is proud to be an LGBTQ+ inclusive space and welcomes people of all gender identities and sexual orientations, as hate has no home here. Elisabeth believes in celebrating diversity in all of its sacred forms, including race, gender, age, religion, identity, and experience, as we are all one, unified, and born from love. 

I. Deposits and Invoicing. After the first fitting, a non-refundable deposit of at least fifty percent (50%) of the base quote is due. 

Any changes in the Client’s measurements after the first fitting which cause additional or different Services to be rendered are subject to additional charges. The Client presumes all responsibility over any weight gain or loss that may affect the way a garment fits. Clients who come more than 03 months before their Event do so at their own understanding that Designer Elisabeth Babarci  cannot control or assume responsibility for changes in fit due to body fluctuations after the final fitting is over. Any changes that need to be made after the second fitting are subject to additional tailoring costs, additional appointments, etc. 

Steaming and Pressing are separate Services that are not included in base Design, Garment, or Tailoring Services. The base quote is subject to change if the Client requests changes after the initial consultation, including those needed due to weight fluctuations or changes in shoes, or if additional materials are required. Any changes in heel height are subject to additional re-fitting charges. The second half of the invoice is due at the final fitting or time of pickup. All Design, Garment, Tailoring Services, and Sales Agreements are final – no refunds or exchanges are given. Any accessories purchased in-studio are non-refundable.

II. Fittings, Acceptance. Designer Elisabeth Babarci will begin to perform the Services upon receiving the deposit. Services provided are based on the measurements provided at the time of the Client’s first fitting. Any measurements set forth on the invoice shall be conclusive evidence of the Client’s measurements at the time of the first fitting. Designer Elisabeth Babarci cannot be held responsible for dresses that do not fit properly due to weight loss or gain, pregnancy, surgery, failure to wear the same shoes or undergarments from the first fitting, etc. Clients are advised to not introduce any major lifestyle changes that may influence body weight and type as not to disrupt the fitting process. 

Designer Elisabeth Babarci will execute the design or tailoring work as discussed during fittings; if a seam cannot be opened or sewn, or if any tailoring technique is deemed high-risk yet the Client chooses to proceed, this is done at the Client’s own risk or Designer Elisabeth Babarci will refuse to proceed to ensure that the integrity of the garment is maintained and protected. Some garments may be unalterable or unalterable in certain areas. Techniques and approaches are taken at the discretion of Designer Elisabeth Babarci. The Client expresses acknowledgment that designing or altering a dress is a deliberate modification to the dress, and not all tailoring can be undone.

Any cancellations or reschedules of first, second, third, or final fittings made within 48 hours are subject to a $50 appointment fee. Clients who miss 50% or more of the allotted appointment time will be charged the late fee and will need to reschedule their fittings. Any additional elective appointments requested by the Client outside the standard 3 fittings will incur a $50 appointment fee. This includes appointments for refittings, change of mind, appointments to try accessories, etc.

All Client’s that do not leave garments to be altered on the same day will have received an “Estimate”. Estimates incur a non-refundable $50 appointment fee, and estimates are valid for 1 business day. This $50 appointment fee will be charged regardless of whether Designer Elisabeth Babarci is able to provide Design, Garment, or Tailoring Services to the Client to cover the consultation and appointment time.

Clients who decide to pick up their Designs, Garments, or Tailoring Services earlier or cancel Tailoring Services (if possible) will not be able to recover the deposit and agree to accept their Designs, Garments, and Tailoring Services in their unfinished state.

All concerns or complaints are to be addressed with Designer Elisabeth Babarci during the fitting process and before the final fitting. In the event of a disagreement, any resolutions will be at the discretion and sole responsibility of Designer Elisabeth Babarci. Should the Client neglect to come for a scheduled fitting, Designer Elisabeth Babarci is not liable for the fit or finish work of the garment.

III. Customizations. Any customization in the design of a garment is based on the information provided at the time of the Client’s initial request for such customization. Some requested customizations may not be technically feasible or may be considered high-risk, and Designer Elisabeth Babarci cannot be held liable for changes to the design or garment if the Client consents to such changes. Any changes in the design by the Client after this initial request are subject to additional charges, or may not be able be completed. Diagrams and fitting notes will serve as the written record for customization requests.

Any customizations made outside of the structure of the design or garment as received (i.e. original seams) are performed at the Client’s own risk. Clients may be held responsible for acquiring the proper materials (additional fabric, beads, straps, sleeves, etc.) for customizations and may be charged separately if those materials must be acquired on the Client’s behalf. Designer Elisabeth Babarci  is not responsible for any liaising between the Client and a third-party providing materials; the responsibility and risk is ultimately assumed by the Client.

IV. Pickup, Delivery. All accounts must be paid in full before the Client’s dress can be released. If the Client would like another party to pick up the design or garment on their behalf, Designer Elisabeth Babarci must receive expressed permission and consent with that party’s name. Acceptance of and satisfaction with the Services shall automatically be deemed to have occurred upon the earlier of Client or surrogate receipt of design or garment.

Once the dress leaves Designer Elisabeth Babarci’s possession, Designer Elisabeth Babarci is not held responsible for the design or garment. This includes, but is not limited to wrinkling, stains, wear and tear from ceremony and/or reception, bustles falling out from being stepped on, etc. The Client shall inspect the design or garment upon final fitting and pick-up; Designer Elisabeth Babarci cannot be held responsible for fit and wear once the design or garment leaves the premises. Final pick-ups are interpreted as acceptance.

Any design or garment that does not have a fully paid deposit or bounced payment, or there is clear evidence of harassment, mistreatment, or acts of ill-faith such as purposeful recurrent missed appointments, the design or garment becomes the possession of Designer Elisabeth Babarci after 06 months. In certain circumstances, if a garment is being altered, the garment will be returned to the Store that provided the tailoring reference to ensure safety, care, and protection of the garment. Unclaimed design or garments become the possession of Designer Elisabeth Babarci after six months. The design or garment may be released at the full discretion of Designer Elisabeth Babarci after the final balance and any late fees have been fully paid. Garments not picked up for 02 months will incur a storage fee. Any design or garment not picked up for 06 months may be donated to charity.

V. Warranty Disclaimer. The Client acknowledges Designer Elisabeth Babarci makes no guarantee as to the fit of any Designs or Garments before or after Services are performed. Unless otherwise expressly provided herein, all Services are provided as-is, and Designer Elisabeth Babarci hereby disclaims any and all representations and warranties, express or implied, including without limitation the warranty of merchantability, and fitness of a particular purpose.

VI. Limitation of Liability. In no event will Designer Elisabeth Babarci be held liable for any indirect, incidental, special, punitive, consequential, exemplary, or similar damages including without limitation, lost profits, loss of use, pain and suffering, or mental anguish, related to or arising out of the Services provided. In no event will Designer Elisabeth Babarci be held liable for any direct damages related to or arising out of the Services in excess of the price paid by the Client for the Services which is the subject of the claim. Designer Elisabeth Babarci shall assume no responsibility, whatsoever, for any damages caused to members or third parties as a result of the stoppage of Services to a member to whom any of the previous provisions apply.

VII. Force Majeure. Any delay or failure in the performance by Designer Elisabeth Babarci shall be excused if and to the extent caused by 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 Designer Elisabeth Babarci, including acts of God, fires, floods, explosions, riots, wars, hurricanes, terrorism, health emergencies or pandemics, vandalism, governmental acts, injunctions, labor strikes, and errors or omissions of a manufacturer or its distributor.

VIII. Right of Refusal. Designer Elisabeth Babarci reserve the right to refuse Design, Garment, or Tailoring Services or Sales to any individual under any circumstances at any time. Appointments and orders may be cancelled at the discretion of Designer Elisabeth Babarci if aggressive, harassing, or abusive behaviour is evident. 

IX. Website Content.Information provided on this website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness, or accuracy. User and Client access uses and relies upon such content at User’s/Client’s own risk.

X. Emergency Addendum.Client understands that Designer Elisabeth Babarci works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Designer Elisabeth Babarci shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Designer Elisabeth Babarci’s participation in the Event would violate a Governmental Order. The Client understands that deposits remain non-refundable and the Design, Garment, and Tailoring Services process will not be extended to accommodate any reschedules in event dates. By signing this Agreement, the Client understands that cancellations may not be possible and they will be responsible for covering the full costs of Design, Garment, and Tailoring Services. Designer Elisabeth Babarci will not hold Designs, Garments, Tailoring Services, or Sale Items, after Services have been completed for more than 06 months, and the final balance will be due when the work has been completed.

Designer Elisabeth Babarci will minimize the number of appointments needed; fittings are completed when the dress is released back to the Client (even if this is just one or two fittings). If the Event  is rescheduled or postponed, the fitting process cannot be elongated or stretched out. Designer Elisabeth Babarci is not able to provide design or garment storage for more than 06 months and Client’s must pick up their garment after the 06 month standard period. Designer Elisabeth Babarci is not responsible for changes in fit once the dress has been taken home. 

XI. Terms and Conditions Revisions.Designer Elisabeth Babarci reserves the right to change these Terms and Conditions at any time without prior notice; Designer Elisabeth Babarci may change, add, suspend, cancel, remove, or otherwise modify the Services offered at any time without prior notice. Any such modification will be effective immediately upon public posting (www.babarci.ca/terms-and-conditions). Your continued use of Designer Elisabeth Babarci Services and this Site following any such modification, constitutes your acceptance of these modified Terms.

Clients who book an appointment with Designer Elisabeth Babarci must agree to these Terms and Conditions to receive Services with Designer Elisabeth Babarci. The parties agree that this Agreement must be signed (as agreed to upon booking). The parties agree that the confirmation offered at time of appointment booking is the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. Clients who book an appointment with Designer Elisabeth Babarci  must agree to these Terms and Conditions to receive Services with Designer Elisabeth Babarci. 

ADDITIONAL TERMS REGARDING STEAMING, PRESSING, AND PRESERVATION

I. Deposits and Invoicing. Garment Steaming and Pressing are separate Services that are not included in base Design, Garment, or Tailoring Services. Any fees are due at the time of drop-off and are non-refundable. All Design or Garment Care Agreements are final – no refunds or exchanges are given. Any accessories purchased in-studio are non-refundable. Payment must be presented at the time of appointment and any additional fees incurred that are not covered by the Client will be charged. Payment is required to book the appointment. Any order that is not picked up within 02 months of being marked as ready may incur a storage fee. 

II. Process, Acceptance. We exercise utmost care in processing articles entrusted to us and use such processes which, in our opinion, are best suited to the nature and condition of each article. Nevertheless, we cannot assume responsibility for inherent weaknesses or defects in materials that are not readily apparent before processing. This applies particularly, but not exclusively, to suedes, leathers, silks, satins, double-faced fabrics, vinyl, polyurethanes, etc. Responsibility also is disclaimed for trimmings, buckles, beads, buttons, bells, and sequins. Note that design or garment pressing, and steaming may change the texture of certain fabrics and garments. Depending on the composition of the garment, some garments may be reviewed on a case-by-case basis, and fabric care guidelines. Designer Elisabeth Babarci is not responsible for any staining, damage, or wrinkling after the point of pick-up. This includes long-term care for garments that are cleaned and/or preserved, as many variables outside of our control can contribute to aging and wear and tear.