OUR CONTRACT WITH YOU
These are the terms and conditions on which we supply Goods and/or Services to you. They apply to all the work we carry out for you. Please ensure that you read these Terms carefully and check that the details on the Order and in these Terms are complete and accurate, before you sign and return the Order. If you think that there is a mistake or require any changes, please contact us to discuss. Payment of the Order Invoice means an acceptance of these Terms and Conditions in full.
MANUFACTURER’S GUARANTEE OF GOODS
Goods may come with a manufacturer’s guarantee. We will notify you of any such guarantee when the Goods are delivered and provide any relevant paperwork with the Goods. All Goods must be inspected for damage upon delivery and the Interior Designer informed of any issues without delay. In the event that you wish to rely on a manufacturer’s guarantee, we will use our reasonable endeavours to help you rectify any problems. However, the manufacturer is ultimately responsible for dealing with any issues in respect of the Goods. This guarantee is in addition to your legal rights in relation to any Goods that are faulty or not as described.
Work will commence when 50% of design fees have been paid, with the remaining 50% due upon interior design plan delivery. We will make every effort to carry out the Services within the agreed timescales. However, there may be delays due to an Event Outside Our Control.
Please note that unless otherwise agreed, design fees are charged at a set rate per room, with multi-room discounts available. A room is defined as an area of use, so for example an open plan Living, Dining and Kitchen space is priced as three rooms.
Interior design proposals are delivered in digital format with 2D layouts, product boards, an inventory and any necessary samples that are detailed in the plan. We offer a project management service at an additional cost of 20% of the budget, which means that we can fully implement the design plan on your behalf, should you wish.
IF THERE IS A PROBLEM WITH THE SERVICES
In the unlikely event that you are not satisfied with the standard of the Services, please contact us and tell us as soon as reasonably possible and give us a reasonable opportunity to remedy any issues. If you have additional or different requirements from the original instructions, we will assess the changes required and give you a fresh quotation for any additional goods and services. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care.
Due to the nature of interior design services, refunds cannot be offered once the project has commenced. For the purpose of these terms, the commencement of an interior design plan, ordering of the required items and sourcing them will be within the definition of project commencement. Additionally, note should be taken that you may not always be satisfied with our recommendations and ideas, but this shall not in itself form a basis for refunds. In instances such as this, please discuss your concerns with your Interior Designer, who will suggest alternative options. If, however, you cancel an order before project commencement, a full refund will be issued within 14 days of cancellation.
PRICE AND PAYMENT
The price of the Goods and/or the Services will be set out in your Order. Prices may change at any time, but any price changes will not affect Orders that we have confirmed with you, although if we agree to amended specifications, this may affect the overall price.
We will provide you with a full shopping list but our guarantee for availability of stock and the associated costs is only for a period of one month. If an item becomes out of stock within a month of us providing the list, we will find a replacement item at no additional cost. If however an item becomes unavailable outside the one month period, you may be required to pay an additional cost towards finding a replacement. This cost will be notified to you at the time of the notification.
OUR LIABILITY TO YOU
We are fully insured with both Professional Indemnity and Public Liability Insurance in place. If we are installing the Goods and/or providing Services in your property, we will make good any damage to your property caused by us in the course of installation or performance unless pre-agreed and necessary as part of the installation. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
We usually only supply the Goods and/or Services for domestic and private use. If you require them for any commercial use please advise us clearly. We accept no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity or normal wear and tear. The limit of our liability to you for all and any breaches of our agreement with you shall be limited to the amount you have actually paid us for Goods and Services in the preceding 12 months.
We do not exclude or limit in any way our liability for: death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987, as far as we are the originators of the goods.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, failure of public or private telecommunications networks or non-performance by suppliers or sub-contractors.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you, our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of Goods to you we will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects our performance of Services to you we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods and/or Services. We will only cancel the contract if the Event Outside Our Control continues for longer than 12 weeks in accordance with our cancellation rights in these Terms.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
Until such time as we confirm an Order to our suppliers and/or pass over a deposit to them, you may cancel an Order for Goods by notice to us. We will confirm your cancellation in writing to you. If you cancel an Order and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, we will refund these amounts to you (subject to any non-refundable deposit or other contract with our suppliers).
If you cancel an Order for Services and we have already started work on your Order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the Order. This charge will be deducted from any refund that is due to you. We will tell you what these costs are when you contact us.
Unfortunately, it is too late to cancel an Order for Goods if we have already ordered the Goods from our suppliers or despatched your Goods to you. Unfortunately, as made-to-order Goods are made to your requirements, you will not be able to cancel your Order once initiated. Once we have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing us with at least 30 calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided at the point of cancellation will be refunded to you but we will deduct an amount equivalent to work already performed and goods already supplied or ordered.
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens. If we have to cancel an Order in these circumstances and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, we will refund these amounts to you.
Where we have already started work on your Order for Services or made-to-order Goods by the time we have to cancel we will not charge you anything and you will not have to make any payment to us in relation to that element of the Order. However, if we have cancelled the order owing to your breach of this agreement or general inability to work with you due to unreasonable and/or aggressive conduct, you will still be liable for our costs.We may cancel the contract for Services at any time with immediate effect by giving you written notice if you do not pay us as per our payment agreement, or if you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
INFORMATION ABOUT US AND HOW TO CONTACT US
If you have any questions or if you have any complaints, please contact us by telephone: 07775 654301 or by e-mailing us at: email@example.com
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to the address on our invoice or the e-mail address notified to you at the time of this agreement. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
The general works, drawings, specifications, and other documents prepared by us in this project are instruments of our service for use solely with respect to this project and we shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. You will be permitted to retain copies of our drawings, specifications and other documents for information and reference in connection with this project. You however should not use these documents on other projects, or for completion of your project by other designers under any circumstances, without our prior written consent.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation. We will always notify you in writing if this happens but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Good faith as a principle of law will be employed in the performance of this contract by both you and us. We should both refrain from conducting ourselves in a manner that exhibits coercion and aggression. If you have a complaint, you agree to use the provided mechanisms for redress and not to undertake actions such as negative publicity either online or through any other means of coercion.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. By signing into an agreement with us, you acknowledge to have read and understood these terms and additionally acknowledge that these Terms are legally binding and enforceable. You and we both agree to submit to the exclusive jurisdiction of the English courts.