3) Pick Up; Acceptance. Asarela Boutique will order Items from the manufacturer or its distributor only upon receiving half of the deposit or full payment from Customer for the Items. Some Items require full payments right away such as: all items that are in store, all accessories, shoes and all kids attire. The Items will be delivered to the store, in most cases, within nine months. Asarela Boutique will notify Customer with the information Asarela Boutique was provided when Item(s) are ready for pick up by the Customer at Asarela Boutique (hereafter, the “Notice to Pick Up”). Customer only has seven days to pay their full balance and pick up their order. Within seven calendar days of the date of the Notice to Pick Up, Customer has the right to inspect in store at Asarela Boutique all Items for defects in material or workmanship, notify Asarela Boutique in writing of any such defects, and return those defective Items. In the event Customer elects to return the defective Items, Asarela Boutique and/or the manufacturer shall have sole discretion as to whether to replace, repair, or provide the Customer with a credit for any Items determined to be defective. Customer’s right to return any defective Items is Customer’s sole and exclusive remedy hereunder, and Customer expressly waives any remedy available to it under Section 2, Part 7 of the Uniform Commercial Code. Customer shall have no right to return or exchange Items beyond seven days from the date of the Notice to Pick Up and no right to return or exchange non-defective Items. Acceptance of the Items shall automatically be deemed to have occurred upon the earlier of: Customer signing a Pick Up Slip or expiration of seven days past the date of the Notice to Pick Up. Customer’s acceptance of the Items shall be irrevocable.
If Customer fails to pick up the Items within seven days of the date of Notice to Pick Up, a twenty-five dollar ($25.00) per week fee will be assessed and billed to Customer, in addition to any other rights and remedies Asarela Boutique may have at law or hereunder. All accounts must be paid in full before Items may be removed from the store. If Customer is unable to pick up the Items, it is the Customer’s responsibility to notify Asarela Boutique and provide the name of the person who is authorized to pick up the Items. Once Items are removed from the store, Customer bears all risk of loss as to such Items. Please note after 15 days if a dress is not picked it up the dress will be lost. No excuses.
4) Alterations; Cleaning. Customer acknowledges that alterations to the Items will more than likely be required and there is no guarantee as to the fit of any Item. The cost of alterations and materials needed is not included in the sale price. A price quotation for alterations may be obtained by making a separate appointment with an Asarela Boutique seamstress. Alterations are subject to Customer’s agreement to additional terms and conditions. Asarela Boutique is not responsible for the fit of Items or alterations needed due to a change in the Customer’s measurements, whether or not attributable to weight loss or gain by Customer or the person on behalf of whom Customer is procuring the Items. Any measurements set forth on the invoice shall be conclusive evidence of the Customer’s measurements at the time of Customer’s order. Adore is not responsible for the cleaning of a sample sale gown.
5) WARRANTY DISCLAIMER. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ALL ITEMS ARE SOLD AS-IS, AND ADORE BRIDAL HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE ITEMS AND ANY OTHER REPRESENTATION OR WARRANTY.
LIMITATION OF LIABILITY. CUSTOMER ACKNOWLEDGES THAT ANY ITEMS ORDERED ARE OF THE TYPE, DESIGN, COLOR, SIZE, AND MANUFACTURER SELECTED SOLELY BY CUSTOMER. CUSTOMER ACKNOWLEDGES THAT ASARELA BOUTIQUE IS NOT A MANUFACTURER OR REPRESENTATIVE THEREOF. ADORE BRIDAL SHALL NOT BE LIABLE FOR ANY POTENTIAL COLOR, STYLE, OR SIZE VARIATIONS IN THE ITEMS, DEFECT OR OTHER INADEQUACY, OR FOR SHIPPING DELAYS BY THE MANUFACTURER, UNLESS DIRECTLY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ASARELA BOUTIQUE.