Ella June Designs

Gleeful

Sadly this thread now makes no sense at all for anyone searching for Ella June designs or trying to make an informed opinion on whether to make a purchase.

hollydays

Yes rob we know you have something to say

Rob_LB

hollydays wrote: »

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- no doubt because she failed to gain permission to post

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

Yes I did see that post, hence me saying proper legal advice

As you say, it is my opinion and I welcome yours too but the gist of it all is whether the terms are enforceable or not as a consumer. The short answer to that is the majority of terms probably aren't but nonetheless the risk of buying the item may outweigh the hassle of potentially going to court if there becomes a dispute and getting a refund or whatever the issue relates to. The OP is obviously savvy enough to review the terms and has raised very valid points, but some posts have detracted from the original question - again just my view and you are welcome to disagree.

Not sure what you are implying when you say that I am private messaging again, as I've not private messaged anyone today and in fact I haven't private messaged anyone since I've signed up to this forum.

hollydays

Rob_LB wrote: »

Yes I did see that post, hence me saying proper legal advice

As you say, it is my opinion and I welcome yours too but the gist of it all is whether the terms are enforceable or not as a consumer. The short answer to that is the majority of terms probably aren't but nonetheless the risk of buying the item may outweigh the hassle of potentially going to court if there becomes a dispute and getting a refund or whatever the issue relates to. The OP is obviously savvy enough to review the terms and has raised very valid points, but some posts have detracted from the original question - again just my view and you are welcome to disagree.

Not sure what you are implying when you say that I am private messaging again, as I've not private messaged anyone today and in fact I haven't private messaged anyone since I've signed up to this forum.

Just as well I didn’t grab screenshots then

Rob_LB

Again, I am still not sure what you are trying to imply but please can you spell it out? Also, do you have an issue with me as your last two posts that seem to be aimed at me are not helpful at all.

hollydays

I’m not sure what your trying to imply - no I have no issue at all
Can you recommend a GOOD solicitor for Gabrielle

Rob_LB

hollydays wrote: »

I’m not sure what your trying to imply - no I have no issue at all
Can you recommend a GOOD solicitor for Gabrielle

I'm simply trying to understand why you felt the need to mention that I was private messaging (which you were wrong about anyway) and then made a further post to say that it was a good job you didn't do a screenshot, which you've still not clarified what you mean by that. I can only assume that you are suggesting that I am doing something wrong or against the rules of the forum but correct me if that is not what you meant.

I would suggest that Gabriella shops around for a solicitor that is appropriate and within her price range and look at all options including the availability of a fixed price arrangement.

hollydays

What about , say, Lanyon Bowdler?

unholyangel

seashore22 wrote: »

unholyangel I agree with most of the comments on here, but I'm not sure about your definition of hand made there and not sure it helps with the real issues with this company. Using a sewing machine is a skilled job and almost no clothing can be made without it, including expensive wedding dresses. A garment made using a needle and thread would cost many, many thousands of pounds. I've just watched a film about a Dior dress being made and they definitely use sewing machines. Sorry to be so pedantic, but it's a bit of a bugbear of mine.

Handmade quite literally means made by hand and not machine (thats the dictionary definition). So if you're using a sewing machine - regardless how skilled you are with it - its not handmade.

As for no clothing being made without a machine, they use machines because its significantly quicker, not because they need to use it. It could be done by hand, it would just cost a lot more as you say.

Just because its not off a production line doesn't make it handmade. You might be hand feeding it into the machine but its still the machine thats doing the work for you.

Rob_LB wrote: »

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).

You can't use statutory rights unaffected disclaimers in a consumer contract on its own without explanation of what those rights are. It amounts to legal jargon/breaches the plain & intelligible language requirement and may potentially amount to an offence - being likely to deceive or mislead the average consumer about their rights.

seashore22

unholyangel wrote: »

Handmade quite literally means made by hand and not machine (thats the dictionary definition). So if you're using a sewing machine - regardless how skilled you are with it - its not handmade.

As for no clothing being made without a machine, they use machines because its significantly quicker, not because they need to use it. It could be done by hand, it would just cost a lot more as you say.

Just because its not off a production line doesn't make it handmade. You might be hand feeding it into the machine but its still the machine thats doing the work for you.

This is a debate which goes around endlessly and I think we'll have to agree to disagree about that. I would class a sewing machine as a tool because you certainly can't stand back and let it do the job, as anyone who has tried it will tell you. It takes a human to guide the machine and make it do what you want it to.

Likewise I don't think a woodworker using an electric saw is less of a hand maker if they are building a piece of furniture from scratch

In any case this thread has gone a bit awry, so I'll make a graceful retreat.