Terms and Conditions
For KASHIYAMA the Smart Tailor
- 1.1.This document (together with any documents referred to herein) tells you the terms and conditions (the Conditions) upon which we will sell the Goods to you. You may print a copy for future reference.
- 1.2.By ordering any of the Goods, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
2. Price and Promotions
- 2.1.The prices of the Goods and Services are quoted on the receipt.
- 2.2.Prices and any other charges quoted on the receipt are based on delivery of the Goods and performance of the Services in the United States unless otherwise specified.
- 2.3.Prices quoted include the costs of delivery of the Goods unless otherwise noted. The costs of delivery of the Goods will be shown separately on the order page and added to the amount payable by you, if applicable.
- 2.4.Unless otherwise stated, the prices quoted include applicable sales.
- 2.5.KASHIYAMA reserves the right to change prices for displayed products at any given time and correct any pricing errors should they occur, including pricing and promotions, even after you submit your order.
- 2.6.Promotional codes or coupons may not be combined, unless expressly stated by KASHIYAMA. In the event when more than one promotion has been combined by a customer, KASHIYAMA, as its sole discretion, reserves the right to cancel or modify the order or pricing per these terms.
- 2.7.Additional promotional restrictions may apply during special sales or to special products, such as Black Friday, Cyber Monday or clearance events. Promotional codes may not apply during these periods, unless expressly stated otherwise.
- 2.8.We do not offer price adjustments on items purchased outside sale periods.
- 3.1.Payment can be made by any major credit or debit card.
- 3.2.By placing an order, you consent to payment being charged to your debit/credit card account as provided.
- 3.3.If you pay us by credit or debit card we will take payment from your card for the Goods when ordered.
- 3.4.You must pay in full the price of the Goods in advance.
- 3.5.We shall contact you should any problems occur with the authorization of your card account. We reserve the right to correct any errors in payment.
4. Order process and formation of a contract
- 4.1.Our catalogue and brochure merely illustrate our Goods and the packaging of the Goods.
- 4.2.All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, or an event outside our control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
- 4.3.If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
- 4.4.Any order placed by you for the Goods constitutes an offer to purchase them from us.
- 4.5.An order sheet will be emailed to you to confirm that we would be ready to produce the Goods. An order sheet will be our acceptance of the offer made in the order to which that order sheet relates.
- 4.6.A contract between you and us for the supply of the Goods (the Contract) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the order sheet relating to your order. You may print and keep a copy of order sheet for future reference.
- 4.7.If you think that there is a mistake on the order sheet or if you wish to make any changes, please contact us by close of business on your order date. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
- 4.8.KST reserves the right to hold any order for a security review.
- 4.9.KST reserves the right to correct any errors, inaccuracies or omissions and to update information at any time (including after your order has been submitted). We work hard to ensure the accuracy of information on pricing, descriptions or availability in our order system, however, despite our best efforts, errors may occur. If there is incorrect information on your order, you will be notified by email.
- 5.1.The Goods will be delivered to you at the address you provided during the order process. You must also provide the billing address for your payment card if you have paid by card .
- 5.2.Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible.
- 5.3.All orders shipped require a signature upon receipt. Coordinating delivery is the sole responsibility of the client.
- 5.4.You must examine the Goods within a reasonable time after arrival and let us know within 14 days of receiving, if they are faulty, damaged or not as described.
- 5.5.We may end the contract with you and charge you for any extra storage costs we have incurred if we have agreed to deliver the Goods, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.
- 5.6.We will not be liable for any delay or non-performance due to your failure to provide us with complete and accurate information by the time we have requested.
- 5.7.The delivery carrier will notify you of any missed deliveries and it is your responsibility to reach out to arrange redelivery. If delivery cannot be made after a reasonable amount of time, your items may be returned to sender or destroyed per the terms and conditions of the delivery carrier. The carrier may attempt to recover these items for you, but in the event that they cannot, you will forfeit any funds paid.
- 5.8.We may offer free shipping on order over a certain threshold. For orders that do not meet this threshold, we will charge a shipping fee.
- 5.9.Orders from our US locations can currently only ship to the US.
- 5.10.For orders needed for special events, we encourage orders to be placed 90 days in advance to account for any unforeseen circumstances.
6. Cancelling your Contract and returns
- 6.1.Cancelling before Order Form Notice
- 6.1.1.You may cancel your order for the Goods or Services or Goods and Services by notifying us of your decision to cancel at any time prior to us sending you an order form, which is typically by close of business on your purchase date.
- 6.1.2.You may notify us of your decision to cancel by contacting us at the store where you purchased via phone or email or by sending our customer service team an email to firstname.lastname@example.org
- 6.2.Cancellation after Order Form Notice
- 6.2.1.Once we sent you an Order Form, you may not cancel the contract after the close of that business day. Please see the refund and alteration policy below.
- 6.2.2.Returns / Alterations / Remakes
KASHIYAMA the smart tailor is a true Made-to-Measure experience.
Your suit is made just for you based on your measurements, choice of fabrics and customizations. Every KASHIYAMA the smart tailor purchase is backed by our Fit Promise. If your order does not meet expectations, let us know and we will make it right. Please contact email@example.com and we will guide you through the process.
We offer one complimentary round of alterations performed at our showroom for each item purchased as long as we are notified via phone or email within 14 days of items being received. You will not be able to apply for complimentary alterations after this timeline, but may be eligible for paid alterations at a rate determined based on recommendations during your alterations appointment at our showroom.
If an item is deemed unalterable by our showroom staff, we will reproduce the garment for you with new measurements. We will use the same fabric as your initial order. However, due to limited quantities of fabric, some products may become unavailable for your remake and you may be asked to choose a new fabric or product, per these terms. You will be asked to choose a fabric in the same price range for your reproduced garment. If you wish to choose a fabric from a different collection, you may pay the price difference between the two.
We will not remake items when: 1) the alterations can be completed locally at our showroom. 2) the garments have already altered within our showrooms our outside by a 3rd party tailor of the client’s choosing. 3) the remake is unrelated to issues regarding fit or manufacturing issues. 4) the remake request is based on changing customizations 5) the fabric was incorrectly chosen by the client i.e. to match another order for a wedding group order 6) any other circumstances which KASHIYAMA deems unwarranted.
Please note that we don’t offer refunds as fabric is cut based on your measurements and your customizations. If there is any issue with the quality or fabrication of your garments, you can return them for a store credit at the discretion of our customer service agents. If there is an issue with the quality or fabrication of your garments, please let us know within 14 days of receiving your order.
Returns based on quality of fabrication are at the sole discretion of KASHIYAMA the smart tailor, and will be reimbursed in the form of a credit. Credit will be reimbursed, if approved, within 14 business days once processing.
KASHIYAMA the smart tailor has the right to deny reimbursement for an item that is believed to be previously worn or damaged by user.
KASHIYAMA the smart tailor will not accept items that have been altered or adjusted in any way.
Any items returned to KASHIYAMA the smart tailor that do not meet the aforementioned requirements will be sent back to the client without reimbursement credit being applied.
If you have a comment, concern or complaint about any Goods and Services you have purchased from us, please contact us by email at firstname.lastname@example.org or by US mail at 8 West 38th Street Suite 200, New York, NY 10018.
8. Abandoned Items at Stores
Any client items from an alterations appointment left at our stores beyond 90 days after being notified over completion, may be disposed of at the sole discretion of KASHIYAMA. KASHIYAMA will not be held responsible for any loss you may suffer in such an event.
9. Liability and indemnity
- 9.1.We have a duty to supply Goods and Services to you that conform to the conditions including a duty to ensure that
- 9.1.1.the Goods are as described on the order form
- 9.1.2.the correct pieces have shipped with customizations chosen by the client on the order form
- 9.1.3.the pieces have shipped with the correct sizes as identified during the fitting process within the pattern limitations of our production facility. There may need to be alterations to the measurements based on different fabrications.
- 9.2.We cannot exclude our liability for a failure to comply with these duties mentioned in this sub clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
- 9.3.We cannot exclude or limit our responsibility to you for:
- 9.3.1.Death or personal injury resulting from our negligence or the negligence of our employees
- 9.3.2.Fraud or fraudulent mis-representation
- 9.4.We are not responsible for unforeseeable losses.
- 9.5.You are purchasing the Goods or Services or Goods and Services as a consumer. If you purchase the Goods or Services or Goods and Services for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
- 9.6.We will not be responsible for any delay in delivering the Goods and performing the Services if
- 9.6.1.we have asked you to provide specified information that is necessary for delivering the Goods and performing the Services and
- 9.6.2.you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
10. Events outside our control
- 10.1.Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (Event Outside Our Control).
- 10.2.We will take all reasonable steps to minimize a delay in performing our obligations to you which arises from an Event Outside our Control.
- 10.3.We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
- 10.4.Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
- 10.5.You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.
11. Use of personal data
You authorize us to process and transmit your name, address and other personal information supplied by you (including updated information) to
- 11.1.You authorize us to process and transmit your name, address and other personal information supplied by you (including updated information) to
- 11.2.supply the Goods to you
- 11.3.carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements
- 11.4.transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorization from your card issuer
- 11.5.validate your name, address and other personal information supplied by you during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
- 11.6.inform you of similar Goods we provide, but you may contact us at any time to request that we stop informing you of these.
12. Other important terms
- 12.1.If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
- 12.2.All Contracts are concluded in English only.
- 12.3.If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
- 12.4.A waiver by us of any default shall not constitute a waiver of any subsequent default.
13. Governing law
These Conditions and the Contract are governed by the laws of the State of New York. By ordering onsite you agree that the laws of the State of New York will govern these Terms and Conditions and any dispute of any sort that might arise, without regard to principles of conflict of law.