Ella June Designs

Fosterdog

I think it’s fair to say that something just doesn’t add up with this business model.

To start with a company that has been trading for three years still buying material by the metre instead of whole rolls (except for promotions) seems to be the worst way of doing it. After this length of time you would know which colours and styles were most popular and would have plenty of that particular material in stock even if you still ordered the less popular ones per order.

The twitter feed also makes interesting reading, I saw a total of one happy customer who seemed like possibly a personal friend. The rest are all complaints, demanding refunds, complaining that emails are not being replied to, length of time taken to make and send out items, putting in PayPal claims, one even reporting to actionfraud. Also a lot of responses from them showing screenshots of PayPal refunds issued, there seems to be an awful lot being refunded (eventually, 7-8 weeks mentioned in some cases) so clearly not a business model that is working.

hollydays

I just had a look at the Facebook page and noticed at least one item where several people are saying” oh look at this company aren’t these dresses great etc” ...strangely they all came from Worcester..
I’m morally outraged;)

hollydays

One of the sites states this (and they are smallish items) as a reason items can’t be cancelled .. not sure that’s a legitimate reason ; but it appears this is the basis of it for the so called “ its bespoke”


“All pieces are individually bespoke Handmade for every order therefore we cannot offer refunds or exchanges unless the item is faulty. Fabric is ordered immediately as each order is placed so orders cannot be cancelled. “

Gleeful

I thought the name was familiar. Used to sell on Silkfred. Wondering if they left voluntarily or got kicked off?

Gleeful

What I don't really understand is how you can operate as a sole trader yet have a 'team' of seamstresses. Are they all freelance?

As for SF, that makes sense. A friend sells through them but always ready to wear. I know they are super hot on customer service though so thats what made me wonder.

NeverInDebt

Not true small companies often are allowed to reply, how can you say that when you have only just joined. I have seen many rights of reply do things by the book and you may well be allowed to have a reply via MSE

Fosterdog

Probably not, she seems intent on ignoring certain questions and only focusing on the same point. Nobody has said that the items are produced in China by slave labour but a few have mentioned the similarities in the styles and the way ordering and delivery works but that is the only point she is insisting on defending and is ignoring many of the other issues. I do actually believe that they are maybe produced in the U.K. but from reading customer complaints and the way things are dealt with, along with the lack of cancellation policy I think it would be a very poor company to do business with.

munchpot

Please note I am not defending the company or her stance - I agree that the site terms are incorrect.

However you can be sole trader and employ people. It just means you're not a Limited or Public Limited company. The major downside of being a personal trader is that you are solely responsible for the debts of the company.

So it is possible to be a sole trader and have employees, whether they be staff of freelancers

Rob_LB

I have to say, it seems like there's a few posts on here that are a bit harsh and I think some of it detracts from the original question of the OP. Who cares about the Gabriella's seamstress and how she goes about running her business, that is entirely her choice, not anyone else's.

The only real constructive response was from Unholyangel at #48 (I think) which gave good information about consumer laws and how the terms on the Ella June Designs website is not consistent with those laws. This thread has quite clearly gone off topic and the short answer to the OP's question is no, the terms in their current form are unlikely to comply with UK consumer laws. The OP has to weigh up whether they want to purchase something from website knowing that the terms are not correct and if there is a dispute it may end up in court, against the purchase of the clothing that the OP's daughter really likes and there may not even be a dispute that arises.

It seems that GG1989 is a bit inexperienced regarding consumer laws and no doubt learn from her mistakes (as pointed out here) but we all make mistakes, so I don't think it would be fair for some to go on the way that you have.

The reality is that the website could perhaps add some wording to these terms that specifically state something along the lines of "if you are a consumer, these terms and conditions shall not affect your statutory rights" and that would potentially get around the consumer rights issues (whether they are enforceable in a B2B context may need further review).

@GG1989, maybe you need to seek some proper legal advice on selling to consumers online. In the meantime, the Business Companion website offers a good starting point on selling to consumers and what you can and can't do. You may also want to consult your local trading standards if you are in doubt about anything specific.

https://www.businesscompanion.info/en/quick-guides/goods/the-sale-and-supply-of-goods
http://www.worcestershirets.gov.uk/

P.s. I can see that you've attempted to change the governing law clause which now says that the terms of service are construed in accordance with UK laws. Unfortunately, that doesn't really help because Scottish law may be different to English and Welsh law and the same for Northern Irish law. I think you probably intend the contracts to be governed by English law but using "UK laws" is not clear. So you should consider changing that to English law or the laws of England and Wales.

Also, the wording of your terms of service seem to me that they are a type of USA terms of service - I can see that because there's reference to "attorneys' fees" and refers to "states and jurisdictions".

hollydays

Rob_LB wrote: »

I have to say, it seems like there's a few posts on here that are a bit harsh and I think some of it detracts from the original question of the OP. Who cares about the Gabriella's seamstress and how she goes about running her business, that is entirely her choice, not anyone else's.

The only real constructive response was from Unholyangel at #48 (I think) which gave good information about consumer laws and how the terms on the Ella June Designs website is not consistent with those laws. This thread has quite clearly gone off topic and the short answer to the OP's question is no, the terms in their current form are unlikely to comply with UK consumer laws. The OP has to weigh up whether they want to purchase something from website knowing that the terms are not correct and if there is a dispute it may end up in court, against the purchase of the clothing that the OP's daughter really likes and there may not even be a dispute that arises.

It seems that GG1989 is a bit inexperienced regarding consumer laws and no doubt learn from her mistakes (as pointed out here) but we all make mistakes, so I don't think it would be fair for some to go on the way that you have.

The reality is that the website could perhaps add some wording to these terms that specifically state something along the lines of "if you are a consumer, these terms and conditions shall not affect your statutory rights" and that would potentially get around the consumer rights issues (whether they are enforceable in a B2B context may need further review).

@GG1989, maybe you need to seek some proper legal advice on selling to consumers online. In the meantime, the Business Companion website offers a good starting point on selling to consumers and what you can and can't do. You may also want to consult your local trading standards if you are in doubt about anything specific.

https://www.businesscompanion.info/en/quick-guides/goods/the-sale-and-supply-of-goods
http://www.worcestershirets.gov.uk/

P.s. I can see that you've attempted to change the governing law clause which now says that the terms of service are construed in accordance with UK laws. Unfortunately, that doesn't really help because Scottish law may be different to English and Welsh law and the same for Northern Irish law. I think you probably intend the contracts to be governed by English law but using "UK laws" is not clear. So you should consider changing that to English law or the laws of England and Wales.

Also, the wording of your terms of service seem to me that they are a type of USA terms of service - I can see that because there's reference to "attorneys' fees" and refers to "states and jurisdictions".

And that’s just your opinion, but you too have skipped many important points for some reason.

She had already been advised to get proper legal advice and said she had..did you miss that?

Welcome to the forum

Her posts coincidentally being deleted by the forum as we speak.

She’s just claimed she asked for permission to post but was ignored. Never know that happen ever.

I see you’re private messaging again as is your right