Terms & Conditions

INTRODUCTION:

These Terms and Conditions (“Terms”) shall apply to any transaction between J & A Custom Clothing Corp, (“J & A”, “we”, “us” or “our”) and its customers (“customer”, “you” or “your”), whether made online (“www.jcustomclothing.com”) or at the J & A location (“Showroom”). The Showroom and www.jacustomclothing.com will be referred together as “J
& A Store.” We strive to give you a satisfying experience every time you visit the J & A Store. Please note that by creating an account, submitting an order and/or making a purchase at the J & A Store, you agree to the Terms set forth below:

ORDERS:

J & A reserves the right, in its sole discretion and at any time after receiving your order, to accept, refuse, place on hold or cancel any order you submit to us, including: 1. if your measurements fall outside the range of our available pattern; and 2. the right to limit quantities purchased. Once we receive your order, we'll provide you with an email order confirmation. Your receipt of an order confirmation does not signify J & A'S acceptance of your order or a confirmation of our offer to sell; but simply an acknowledgement that we received your order.

After receiving your order, J & A may contact you to request clarification, additional or missing information regarding your order or your account including measurements - even pictures - or customizations. It is your sole responsibility to deliver the additional information to J & A in a timely and opportune manner. J & A reserves the right, in its sole discretion, to place your order on-hold or even cancel it if the requested information is not received in time or is incomplete. Orders on-hold will be automatically cancelled 30 days after being submitted if there's missing information, and a store credit will be issued according to these Terms.

In the event J & A makes a change to or cancels an order, we will attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was submitted. If your order is cancelled, J & A will issue a credit for future use equal to the billed and paid amount, per these Terms.

PRICING AND PROMOTIONS:

J & A prices are subject to change at any time. Should J & A reduce the price on any product within 1 calendar day from the date you submitted your order, contact us by email to info@jacustomclothing.com within that period to request a refund to the original payment method for the difference between the price you were charged and the current selling price. Please note that this price adjustment policy can only be claimed once for each order and excludes limited-time price reductions for special promotions, such as Black Friday, Cyber Monday and Special Events.

Promotional codes or coupons may not be combined, unless expressly stated by J & A. In the event where more than one promotional code or coupon has been used by a customer when submitting an order, whether intentionally or not, J & A, at its sole discretion, reserves the right to: i) limit the number of the promotional codes or coupons applied to the order; or
ii) cancel or modify the order, per these Terms. No promotional codes or email list sign-up codes are applicable towards the purchase of clearance items, even if such items were included in the clearance section for a specific time frame.

All promotions and discounts at the J & A Store shall be subject to these Terms as well as the promotion’s own terms and conditions. In case of conflict between these Terms and the promotion’s own terms and conditions, these Terms shall apply.

PRODUCT INFORMATION AND AVAILABILITY:

J & A has made and will continue to make every effort to display as accurately as possible the information and colors of our products and fabrics available at J & A’s website. J & A does not guarantee that the correct product color or texture will be accurately displayed at your device screen.

Given supply and/or fabrication constraints, some of our products may have limited availability for purchase. J & A cannot guarantee availability of a specific product and reserves the right to remove any product from the J & A Store or change its availability for purchase at any time, including after you submit an order. In the event J & A cannot supply a product or a specific fabric you ordered, at its sole discretion, J & A will: i) contact you to select a different fabric for your garments; or ii) cancel the order and issue a credit for future use equal to your purchase price in full. If the new fabric selected has a different price than the fabric originally selected, J & A will issue a credit or charge you the difference accordingly.

SHIPPING AND DELIVERY OF CUSTOM CLOTHING:

J & A may offer free shipping on orders over a certain threshold. For orders outside the continental United States, or orders that do not meet the free shipping threshold, J & A will charge a shipping fee per order.

J & A will ship your order via a recognized carrier and will notify you once your order has shipped. Delivery requires a signature and Customers shall be responsible of coordinating and accepting delivery from the carrier.

Additional shipping charges and duty/customs may apply for addresses outside of the continental USA, which shall be the sole responsibility of the customer, as the importer of record.

Our 4–6-week shipping promise covers the time we receive your order to when we dispatch it. It applies to customers with completed measurement profiles with J & A and excludes shipping times. Our shipping promise applies to orders that do not have the following holds which may delay production: incomplete measurements, measurement discrepancies, payment issues, groups, out of stock fabrics, customization errors and/or holds as requested by the customer. J & A orders placed on hold as determined by J & A do not qualify for the 4–6-week promise.

All estimated shipping dates regarding your order provided by J & A to you, shall be for reference only and may not be considered a guarantee, compromise or commitment from J & A to deliver your order to you on such date.

Since the actual delivery of your order can be impacted by events beyond J & A'S control once it has been shipped, J & A cannot be held liable for late deliveries.

If you need your garments for a special event or specific date, we encourage you to submit your order with at least 90 days in advance of your event or date.

SHIPPING AND DELIVERY FOR ALTERATIONS SERVICES:

Once J & A receives an Alterations order for your personal garments mailed to us for alternations it will take 5-7 business days to complete the alterations and get your garments back in the mail to you. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours. J & A is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.)

J & A is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packing materials and damaged goods before filing a claim.

FINAL FITTING ADJUSTMENTS FOR CUSTOM CLOTHING | OVERVIEW:

We want you to receive the best made-to-measure shopping experience possible. Should any of your custom-made garments need a final fitting, please see your options below. Follow our J & A Final fitting policy, you must i) contact us within 10 days of receiving your order, and ii) must not remove the swing tags from your garments. Make sure to notify us within 10 days from the date you received your order by emailing to home@jcustomclothing.com or booking an appointment at our Showroom. You will not be able to apply for any FINAL FITTING ADJUSTMENTS once the applicable period has expired. Additionally, you will not be able to apply for any alterations once your swing tag has been removed. Please make sure to contact us at info@jacustomclothing.com if you have any difficulty submitting your application before the expiration of such period.

FINAL FITTING ADJUSTMENTS FOR CUSTOM CLOTHING | EXPANDED:

All J & A made-to-measure garments are made to your unique measurements and customizations so they may require adjustments that can be handled by completing alterations.

LOCAL CLIENTS: You can book an appointment at our Showroom once you have received your order. Our Showroom staff will guide you through the process and will take care of any alterations that are required in your order and update your measurement profile on your account once the alterations have been completed.

NATIONWIDE CLIENTS: After receiving your garment you may schedule an appointment via Zoom to discuss final fitting adjustments needed or email us at info@jacustomclothing.com.

After concluding adjustments needed, we will email a free shipping label to ship a garment to J & A for the final adjustments needed and will ship it back to you at no charge after adjustments are completed.

OR, you may receive a one-time credit of $75.00 to take your garment to a local alteration store to make adjustments needed to your custom-made garment.

REMAKES:

J & A will not make any changes to your order once it has been submitted. We will not remake an item in the following circumstances: i) when alterations can be completed locally; ii) when the garment has already been altered by a local tailor and/or customer has already applied for alteration credit on that same garment – unless the alteration credit is reimbursed to J & A in full; iii) when the remake request is not related to any fit issues with the garment, other than quality or manufacturing issues; iv) when the remake request is based on customization changes or errors/mistakes at the time of placing your order, other than mistakes or errors made by J & A at the time of producing your garments; and v) any other circumstance which J & A in its sole discretion may deem that a remake is not warranted.

RETURNS:

Please note that we do not offer refunds, as fabric for each of your made to measure garments is cut based on your measurements and customizations. If there's any issue related to the quality or fabrication of your garments, please contact us at info@jacustomclothing.com within 10 days after receiving your order for assistance. Alternatively, you can bring the garment to the showroom or schedule appointment with our clothier for adjustments. J & A reserves the right in its sole discretion to deny the issuance of a credit for an item that is believed to be previously worn or damaged. Garments that have already been altered or adjusted in any way, do not qualify to be returned. Any items returned to J & A that do not
meet the aforementioned requirements will be sent back to the customer without processing and without any further obligation from J & A. You must return all items purchased as part of a promotion to receive a full credit and those items not returned will be charged at our posted prices before promotion.

ALTERATION ITEMS | TERMS AND POLICIES:

All Alteration service charges for your personal garments mailed to us for alterations are nonrefundable. All Alteration services are done according to the measurements that are provided by customers. If any client has questions about how to markup certain garments, please schedule video with us and we will go to how to www.jacustomclothing.com. If you have any questions about completed alterations, please contact us at info@jacustomclothing.com with questions and concerns.

Alteration orders must be accompanied with the Alteration order form to be conducted precisely as was requested by customer. The form must be included inside of the shipping box. Alterations Form is available under Alteration tab on www.jcustomclothing.com.

CUSTOMER CARE:

If you are experiencing any problems, please visit www.jacustomclothing.com and submit the
form with details about your problem or your request for support by email at
info@jacustomclothing.com.

CONTACT:

27313 Chagrin Blvd.
Beachwood, Ohio 44122

Dispute Resolution

1. General
In the interest of resolving disputes between you and J & A in the most expedient and cost-
effective manner, you and J & A agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from J & A or its service providers will be resolved by binding arbitration.Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from J & A or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND J & A ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

2. Exceptions.
Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or J & A to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

3. Arbitrator.
Any arbitration between you and J & A will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting J & A. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

4. Notice; Process.
If you or J & A intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). J & A’s address for Notice is: 27313 Chagrin Blvd, Beachwood, OH 44122, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and J & A will make good faith efforts to resolve the claim directly, but if you and J & A do not reach an agreement to do so within 30 days after the Notice is received, you or J & A may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or J & A must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, J & A will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse J & A for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and J & A agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or J & A made within 14 days of the arbitrator's ruling on the merits.

5. No Class Actions
YOU AND J & A AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and J & A agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

6. Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these Messaging Terms, if J & A makes any future change to this arbitration provision, other than a change to J & A address for Notice, you may reject the change by sending us written notice within 30 days of the change to J & A address for Notice, in which case this arbitration provision, as in effect immediately prior
to the changes you rejected, will continue to govern any disputes between you and J & A.

7. Enforceability
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of
these Messaging Terms shall remain in full force and effect. In United States: When you sign-up to receive text messages from J & A, you agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from J & A, including text messages that may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & data rates may apply. Message frequency will vary. J & A reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. J & A also reserves the right to change the short code or phone number from which messages are
sent and we will notify you when we do. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. J & A, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. You also agree to J & A Terms of Use and J & A Privacy Policy.

Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode _______ at any time to stop receiving text messages from J & A. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode ________, you will receive one additional message confirming that your request to withdraw your consent to receive text messages from J & A has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that J & A and its service providers will have no liability for failing to honor requests to our text message platform that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keywords. If you unsubscribe from one of our text message programs, you may continue to receive text messages from J & A through any other programs you have joined until you separately unsubscribe from those programs. You may also continue to receive other electronic communications from J & A, such as marketing or transactional email communications. Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify J & A by visiting www.jacustomclothing.com.

Help
Text the keyword HELP or AID to our shortcode ________ ( ) to return customer care contact information, or email info@jacustomclothing.com.

Customer Care

If you are experiencing any problems, please visit and submit the form with details about
your problem or your request for support or email info@jacustomclothing.com.

Contact
This message is a service of J & A, located at 27313 Chagrin Blvd, Beachwood, OH 44122 www.jacustomclothing.com.

Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. Subject to applicable law, we also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting and your continued enrollment following such changes shall constitute your acceptance of such changes.

FINAL PROVISIONS
The present Terms and Conditions may be modified, amended and/or substituted anytime by J & A at its sole discretion, with or without prior notice. For this reason, we encourage you to review these Terms whenever you visit the J & A Store. Your use of www.jcustomclothing.com, as well as any transaction made at the Showroom, will signify your agreement to these Terms. The most recent Terms posted on www.jcustomclothing.com or available at the Showroom will be binding on you and J & A. You agree to hold harmless and indemnify J & A, its agents and representatives against any and all liability, damages or causes of action (however named or described with respect to or arising out of either: (i) your transactions with J & A; (ii) your use of J & A Store; or (iii) your breach of any representation, warranty, or other provision of these Terms.
You hereby release, waive and discharge any and all claims of damage, loss or causes of action which you or any of your representatives, heirs, next of kin or assignees may have or which may hereinafter accrue to such persons against J & A, its agents and representatives as a result of your transactions with J & A. These Terms shall be construed in accordance with all applicable federal, state, and municipal laws of Ohio, without regard to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the state and/or federal courts of Ohio. The waiver of any provision of these Terms by J & A shall not be considered a waiver of any other provision or of J & A's right to require strict observance of each of the terms herein. If any provision under these Terms is considered void, null or illegal for any reason by a relevant authority, such provision must be adjusted just enough to correct such nullity or illegality and shall not affect the other provisions hereof.

Terms & Conditions published: May 1, 2023.