- Formation of Contract
1 These Terms and Conditions together with the estimate of works (“Proposal”) provided by Elizabeth Styles which describe the services set out the entire agreement between Elizabeth Styles and you (the “Client”) and will apply once an appointment has been made to provide Elizabeth Styles services (the “Services”).
1.2 Before procuring the Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services. By paying your design fee you are agreeing to these terms and conditions.
1.3 The design fee as stipulated in clause 1.2 is the fee that we charge to a Client before commencement of the Services, as agreed between us and the Client in writing. When this design fee is paid, we will commence the Services.
- Elizabeth Styles Scope of Work
2.1 Elizabeth Styles has been retained to provide interior design services only. Elizabeth Styles is not a general contractor and will not act in such capacity. Any issues concerning construction elements must be discussed between the Client and the contractor.
2.2 Elizabeth Styles will endeavour to advise the Client of the predicted timescale of works as soon as is possible after the proposal has been produced. All such dates shall be approximates only and Elizabeth Styles cannot be held responsible for any delay in projects or project completion dates – for any reason.
2.3 Where Elizabeth Styles is responsible for organising third party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for the Client, such as decorating, building work, carpet fitting, curtain and blind manufacture and fitting and such other work during full packages, the contract of work is between the client and the contractor and not with Elizabeth Styles, so we cannot be held responsible for any damages or inconvenience caused by ‘Third Party Suppliers’ but will do our best to mediate on your behalf should it be necessary.
2.4 Due to the nature of the Interior Design business we cannot guarantee that Clients will always like our recommendations. Interior Design can be subjective. Unfortunately, we cannot provide any refunds in this case. You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill. Please feel free to contact Elizabeth Styles and we will be happy to discuss the design concept further with you and perhaps make further recommendations via phone/email in special cases.
- Client Obligation
3.1 The Client shall ensure that the property is accessible to employees of Elizabeth Styles and any third party suppliers providing services throughout the duration of the works. You will be required to pay any fees or rates suffered from access being denied.
3.2 Elizabeth Styles will not be responsible for any damage or losses caused to your property in respect of any works undertaken.
3.3 The Client or their building contractor will be responsible for health and safety on site during the time the interior design project is being implemented.
3.4 The Client will ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to Elizabeth Styles.
3.5 The Client shall make Elizabeth Styles aware of any delays they may have with providing any relevant information partaking to the project and if delays are caused which stop Elizabeth Styles for fulling the contract, Elizabeth Styles is obliged to terminate the contract after 30 days or place a break on the contract until a later date if appropriate.
3.6 Parking must be arranged or made available for Elizabeth Styles team or outside contractors when working on project days. Any fees for this are payable by you if required – that includes the use of a skip or other hired on-site equipment and essentials.
4. Fees, Purchasing, Refund and Warranty Terms
4.1 The design fee agreed includes one design of your space and one site visit, any further designs and visits are charged at £50 per hour. Fees for interior design services are project and scope dependent. A detailed fee schedule will be provided via our Houzz dashboard and will be emailed to the Client.
Design fees are non-refundable.
4.2 Interior styling services are available to dress or personalise your space, visit showrooms, styling and accessory shopping, charged at £50 per hour.
4.3 Elizabeth Styles may need to purchase products for the Client in addition to the scope of work already proposed. In such cases, full payment of the agreed purchase price is required from the Client prior to purchasing the agreed products. When available, Elizabeth Styles may be able to extend a percentage to be agreed of trade discount to the client.
4.4 A sourcing fee is charged on each item sourced and approved by the client, which is non-refundable. The sourcing fee is calculated and added to the total value of the item sourced.
4.5 All purchases made on behalf of the client require approval on the room and payment in full. A separate proposal will be emailed to the client for approval and payment. Once payment is made the client may not change their mind.
4.6 A Client will have no right to return any products purchased on their behalf unless those products are damaged and/or faulty. The Client must inspect the condition of the products on delivery and must inform Elizabeth Styles if any item is damaged or faulty within 24 hours of receipt of delivery. For clarity, we do not provide a change of mind policy for trade or commercial Clients for standard or bespoke products.
4.7 Should the Client wish to do their own purchasing this has to be agreed in writing in advance to ensure both parties understand their roles in the project. This is because if the Client purchases items approved on their room board and then the scheme changes for any reason the purchased items may not work with the revised scheme.
4.8 Once a Client has approved a custom-made order, it cannot be cancelled or refunded.
4.9 Elizabeth Styles have the right to add a purchasing and admin charge to the trade price of the item on purchasing. This maybe to cover travel expenses, postage or time purchasing the item. We will advise of prices required by Elizabeth Styles for items up-front of purchasing.
4.10 Items on your shopping list are ‘as of the date of sourcing’, we cannot be held responsible if the item is out of stock or a change in price occurs. We are under no obligation to provide an alternative. Alternatives are classed as revisions charged at £35 per accessory or small item and £55 per larger item.
4.11 The Client agrees to reimburse Elizabeth Styles for any out-of-pocket expenses incurred in relation to the project. For example, freight/postage charges/delivery and storage charges.
4.12 Project management fees: should the Client wish to add Project Management as a service for Elizabeth Styles to oversee the implementation of the design, then a separate quote will be given with details of the anticipated time spent managing the project. This fee is payable in advance prior to the work starting.
4.13 Warranties for purchases will be in the Client’s name. All warranty claims will be the responsibility of the client.
- 3D Package Purchases
5.1 We cannot refund the package once work has started on your images. Changes can be made at an additional fee for the time taken to make the amendments.
5.2 Elizabeth Styles is not responsible for any work undertaken, property alterations or purchases made in relation to a 3D image produced for you. They are for inspirational purposes only.
5.3 Whilst we do aim to be as accurate as possible in our renders, we cannot guarantee property measurements or products details are 100% accurate unless a full survey is completed by Elizabeth Styles at our standard cost.
- Third Party Suppliers
6.1 The Client will form a contractual relationship with Third Party Suppliers, and will be responsible for managing these relationships and any financial settlements direct with Third Party Suppliers.
6.2 If so requested, Elizabeth Styles may coordinate the services and financial settlements with the Third Party Suppliers on their behalf, as part of the service undertaken, but the Client will remain ultimately responsible for the contractual relationship with the Third Party Supplier.
6.3 Elizabeth Styles is not responsible for forming any contractual relationship on behalf of the client.
6.4 Elizabeth Styles does not provide a warranty, guarantee for the quality of work of Third Party Suppliers and is not responsible for their performance.
6.5 Unless otherwise stated or agreed, the Client will make payment directly to the Third Party Suppliers.
- Payment and Billing Terms
7.1 The charges for the services are set out in the Proposal or as amended or updated by Elizabeth Styles and communicated to the Client or on the dashboard.
7.2 Payment should be made by bank transfer or cash. Electronic invoice can be forwarded with payment made from invoice.
7.3 All payments to Elizabeth Styles are due within seven days of presentation of a proposal or invoice. Works may be halted until payment is made. No items will be ordered until payment is made.
7.4 Interest at the rate of 5% per month shall be payable on all accounts not settled by their due date.
7.5 The interest will be added monthly thereafter from the due date until the settlement is received.
7.6 Should Elizabeth Styles have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs incurred.
7.7 We reserve the right to change the prices on our packages until payment is received. This is because they are based on time taken to complete, complexity of work and current workload which is fluid day to day. We will of course honour any invoices paid and the work covered in that scope of works within invoice due date – unless otherwise discussed.
7.8 Once three months of an ‘invoice paid for service’ is reached, you will need to pay the difference in price from the package if the price has increased in order for Elizabeth Styles to complete the packages service, or your service is forfeit with no refund.
- Cancellation and Termination Policy
8.1 The Client has the right to cancel this contract at any time up to the end of seven working days after the day on which the Contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
8.2 The Client does not have the right to cancel the Contract if the supply of the Service begins with the Client’s agreement, before the end of the seven working day cancellation period.
8.3 To exercise the right of cancellation the Client must give written notice to Elizabeth Styles by email at Elizabeth Styles address or email as set out in your invoice.
8.4 Once the Client has notified Elizabeth Styles that the Client is cancelling the Contract, Elizabeth Styles will within 30 days refund the Client for the Services not actioned and completed.
8.5 Following the seven day period, the Client has the right to terminate the contract at any time giving notice in writing to Elizabeth Styles. The Client will be liable to pay Elizabeth Styles for the services provided to the date of Termination (including but not limited to Services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any travel or accommodation costs incurred by Elizabeth Styles Consultants.
8.6 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.
8.7 Termination of contract will not affect either party’s outstanding rights or duties, including Elizabeth Styles’ right to recover any money owing to it under these terms and conditions.
9.1 Elizabeth Styles shall have no Liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instruction supplied by the client which is or are incomplete, incorrect or inaccurate.
9.2 Elizabeth Styles shall not be liable to the Client for any unforeseeable loss or damage arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
9.3 Neither Elizabeth Styles, nor the Client shall be liable for any failure to perform its duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or otherwise adverse weather conditions.
9.4 To enable Elizabeth Styles to deal with any complaints that may arise relating to the Services, the Client must provide full details of any complaints within seven days of the supply of the relevant services.
9.5 Nothing in these Terms and Conditions affects any liability for death or personal injury caused by Elizabeth Styles negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
10.1 We collect your data when you place orders with us, enter a competition online, make an enquiry or take part in a design service we have a secure system that stores the details you give us.
10.2 We collect your data for sending out samples, giving quotations and advice, delivering goods and providing the best overall customer experience – this can also include sending out newsletters and promotions. When receiving newsletters you have the option to opt in or out of our mailing list. When using a service we store you data in a secure system for 1 year in case you would like to return for further service. This can be extended or reduced upon request.
10.3 We never sell or share your data to third parties. We only ever share your data with trusted transport or service companies on your behalf (upon request) when you place an order for us to purchase, so that we can deliver your goods. We will always ask first if we are needed to share any information otherwise. Your questionnaire details are not shared with anyone and only seen by your designer.
11.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of Elizabeth Styles in connection with the Services shall belong to Elizabeth Styles absolutely and any such materials, documents or items or use them for any commercial purpose.
11.2 Elizabeth Styles shall be permitted to use photographs of the Client’s property which demonstrates the Services provided by Elizabeth Styles for its items shall be or remain the sole property of Elizabeth Styles.
11.3 The Client shall be entitled to use any such materials, documents or other items in connection with the Services but shall not be entitled to copy any for own marketing purposes.
11.4 In accessing the website you agree that you will access the content solely for your personal, non-commercial use.
The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £2,000,000 per claim.
14.1 Elizabeth Styles may assign or sub-contract the Contract if this is necessary for operational reasons or in connection with a business transfer or re-organisation. Otherwise, the contract is not transferable by either party.
14.2 Your design page or domain will be valid for 6 months after your completion. After this time the page is deleted to make way for new work. Should you wish for this to be extended please contact Elizabeth on [email protected]
14.3 Nothing in this Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms and Conditions and the Contract will be subject to English law, and the English and Welsh courts will have jurisdiction in respect of any dispute arising from the Contract.