TERMS & CONDITIONS
The following definitions apply to these Terms and Conditions:
“Contract” means the contract formed between you and us, as detailed in paragraph 2;
“Client”, “You” and “Your” refers to you, the Consumer, firm or corporate body purchasing the Products and/or Services;
“Consumer” is as defined in the Consumer Rights Act 2015;
“We”, “Us” and “Our”, refers to Gasson & Phillips Interiors;
“Products” means the products supplied by us to you;
“Proposal” means our proposal for providing the interior design services you have requested and as set out in the Scope of work, Fee proposal and Letter of Agreement;
“Services” means the interior design services to be provided by us to you;
“Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
“Third-Party Supplier” means third party companies, firms or individuals who supply services to you.
2. PROPOSAL & CONTRACT
2.1 These Terms and Conditions govern the sale of all Services and Products provided by us to you.
2.2 Following our initial consultation, we will provide you with the Proposal for the Services you have requested. This will be based on the brief given by you. All details of the project or any relevant information must be given to us fully and to the best of your knowledge. The Proposal remains open for acceptance for a period of 30 days.
2.3 A legally binding Contract between you and us will be created when you accept our Proposal. Your acceptance will be confirmed by payment of the deposit invoice. Before accepting our Proposal, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification. No terms or conditions issued or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing (or email).
2.4 Any proposal we may send is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident which affect our pricing, we reserve the right to make adjustments to the Proposal.
3. INTERIOR DESIGN SERVICES
3.1 We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice. Our Services, and any guidance we provide, will be from an interior design perspective only; you must gain specialist advice from architects, building control, structural engineers or other specialist contractors or trades where applicable.
3.2 We will provide you with designs which will need to be approved by you in writing. We will accommodate a maximum of two revisions to your chosen design. Any further alterations, any changes to the original brief, any changes required after you have approved the design or any additional visits required above the allowance included for in our Proposal will be chargeable at our hourly rate applicable at the time.
3.3 If you require any additional services after accepting our Proposal, we will provide you with a further proposal, which must be accepted by you in writing (or email) before we can proceed.
3.4 It is your responsibility to check all dimensions and measurements set out in any plans we provide, and it is the builder or contractor’s responsibility to report any discrepancies to us prior to any construction or building work starting.
3.5 If we are asked to provide lighting, heating, flooring or other plans, we will produce these as guidance only from a design point of view. It will be the relevant contractor’s responsibility to ensure the work from the plans we have created is safe and practical.
3.6 We will provide our designs and plans digitally and have included for this in our Proposal. If you require printed materials, we will charge for our costs in providing these.
3.7 We may provide suggestions for other services to be provided as part of your project by a Third-Party Supplier, such as decorating, building work, joinery, carpet fitting, curtain and blind manufacture and fitting. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the Third-Party Supplier is suitable for your needs. A separate contractual relationship will be created between you and the Third-Party Supplier, under separate terms and conditions. You will be responsible for making arrangements and paying the Third-Party Supplier directly and they will be liable to you directly for their actions or inactions.
3.8 If so requested, we may coordinate the services and financial settlements with the Third-Party Supplier on your behalf, as part of the services undertaken, but you will remain ultimately responsible for the contractual relationship with the Third-Party Supplier.
3.9 We are not responsible for forming any contractual relationship on your behalf.
3.10 We will endeavour to advise you of the predicted timescales of works as soon as is possible. All such dates shall be approximate only and we cannot be held responsible for any delay in completion. Any timescales we provide are for guidance only and are not of the essence of the Contract. We will not be held liable for any over-run of works or delays by the Third-Party Supplier or tradespeople and sub-contractors.
3.11 We strive to select furniture and accessories and brands with good reputations; however, we will not be held responsible for the quality of any furniture or accessory that we select or propose.
3.12 If we agree to meet with you, we reserve the right to charge for our mileage and travelling time. Mileage will be charged at 90p per mile unless otherwise agreed.
4. PAYMENT & DEPOSIT
4.1 Our standard payment terms for projects are as follows:
4.1.1 For quotes less than or equal to £500.00, 100% of the quoted design fee payable in advance. We will be unable to commence the works until the deposit payment is received in full.
4.1.2 For quotes over £500.00, the design fee will be payable in 4 instalments with the first instalment payable in advance, unless otherwise detailed in the Letter of Agreement and agreed by both parties. We will be unable to commence the works until the agreed initial deposit payment is received in full. The balance of the quoted fee (if any) is payable in stage payments (i) halfway through and then (ii) on completion of the design, unless detailed in the fee proposal and agreed otherwise.
4.1.3 For project coordination work, which is charged on a time spent basis and at our hourly rate outlined below, invoices will be issued weekly or monthly, dependent on the size of the project.
4.2 We reserve the right to issue additional progress invoices and the final invoice at any time if the Services are delayed through no fault of our own. We also reserve the right to request 100% of the quoted design fee up front at our sole discretion.
4.3 The Services will be deemed complete, and the final invoice will be issued once all stages set out in the Proposal have been completed and our design has been provided to you.
4.4 We will include in our invoices the cost of any materials purchased on your behalf, such as paint or fabric samples.
4.5 Unless otherwise agreed, our hourly rate is £65.00 +VAT.
4.6 All invoices are payable by bank transfer immediately or within 7 calendar days from the date of invoice, without set-off, withholding or deduction.
4.7 If you do not make payment to us by the due date, we will stop providing our Services and will charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, both before or after judgment. This will not apply if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
4.8 Should the works be delayed or postponed for a period of 6 months or more in any one stage, through no fault of our own, we reserve the right to review and amend our fees and will notify you of this.
5. SUPPLY OF GOODS
5.1 We may agree to place orders for the Products for your design. We make all reasonable efforts to ensure that all descriptions and illustrations of the Products correspond to the actual products that you will receive. Please note, however, that images and literature shown on third party websites are for illustrative purposes only. There may be slight variations between the image of an item and the actual product sold due to differences in computer displays and lighting conditions.
5.2 Clause 5.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor discrepancies.
5.3 The Products will only be ordered once payment in full has been received from you (including any applicable delivery charges). We may not know the delivery charges at the time of invoicing you for the Products and may invoice you separately for these sums once they are known.
5.4 Ownership of the Products shall not pass to you until these goods have been paid for in full.
5.5 Bespoke furniture and accessories that are made to order cannot be refunded under any circumstances unless they are faulty or damaged.
5.6 Every effort will be made to deliver the Products in good time, however under no circumstances will refunds be given if delays beyond our control are incurred.
5.7 If we are dealing with the delivery on your behalf through our project coordination service, please ensure that all access information e.g. gate codes, alarm codes, door codes etc. is given to us prior to delivery and that access is clear and safe for delivery.
5.8 Beginning on the day that you receive the Products, you have a 30-calendar day right to reject and return the Products to the third-party retailer and to receive a full refund or replacement if they are not of satisfactory quality, fit for purpose and as described.
5.9 If the Products are damaged, you must notify us by email within 24 hours of delivery so we can investigate the issue and notify the third-party retailer.
5.10 To return the Products for any other reason, please contact us by email within 14 days of delivery to arrange a return. You will then need to return the Products together with the original packaging where possible to the third-party retailer within 14 days and at your own cost. If you no longer have the original packaging, please ensure you have protected and packaged the Products well. In certain cases, dependent on the supplier, we may need to vary these timeframes or right to return the Products. We will notify you of any variation to this clause in advance of placing the order for the Products.
5.11 On receipt of the Products, if the third-party retailer proves them to be faulty, damaged or incorrect, they will either repair the product or provide you with a replacement within a reasonable time and you will be reimbursed for the postage costs in returning them to us.
5.12 In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you a full refund, including any delivery costs paid by you when the Products were originally purchased.
5.13 We cannot be held responsible for arranging repairs, replacements, returns or freight claims for purchases that you have made yourself.
6.1 You have the right to cancel the Contract at any time up to the end of 14 days after the day on which the Contract is concluded, subject to the following provisions.
6.2 You do not have the right to cancel the Contract if the supply of the Services begins with your agreement before the end of the 14-day cancellation period.
6.3 To exercise the right of cancellation set out in clause 6.1, you must give us written notice (or email).
6.4 Once you have notified us that you are cancelling the Contract, we will, within 30 days, refund you for the Services.
6.5 Following the 14-day period set out at clause 6.1, you have a right to terminate the Contract at any time by giving notice in writing to us (or email). You will be liable to pay us for the Services provided to the date of termination (including, but not limited to, Services already performed, Products and materials supplied or ordered on your behalf, any services that may incur cancellation fees and any costs incurred by us).
6.6 A delay by either party in acting on a breach of this Contract will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.
6.7 Termination of the Contract will not affect either party’s outstanding rights or duties, including our right to recover any money owing to us under these terms and conditions.
7. INTELLECTUAL PROPERTY
7.1 The copyright and all other intellectual property rights in all designs and artwork drawn up by us as part of our services shall belong to us. You are granted a non-exclusive personal license to use and permit Third Party Suppliers engaged by you to use such intellectual property rights to implement our designs for you but your Third-Party Suppliers may not use, and are not permitted, to use such rights for any other person other than you.
7.2 You shall ensure that we have all rights to use the materials supplied by you to perform our services and that they will not infringe any applicable laws, regulations or third-party rights (e.g., the copyright of any other person). You will be responsible for any losses, expenses and other costs incurred by us which arise as a result of you failing to obtain the necessary permissions to allow us to use such materials.
7.3 We reserve the right to use any design created by us and take photographs of the property for our own promotional purposes. Please advise us when accepting our Proposal if you do not agree to this. Client testimonials may be used by us for promotional purposes.
8. YOUR PERSONAL INFORMATION
8.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016 (“GDPR”) and your rights under the GDPR.
9.1 We may assign or sub- contract the Contract if this is necessary for operational reasons or in connection with a business transfer or reorganisation. Otherwise, the Contract is not transferable by either party.
9.2 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
9.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
9.4 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
9.5 These Terms and Conditions (and the Contract), including any non-contractual matters and obligations arising from them or associated with them, will be governed by, and construed in accordance with, the laws of England and Wales.