These terms and conditions apply to all services provided by us,
Louise Booyens Interiors of Southacre Hall, Southacre, King's Lynn, Norfolk PE32 2AD. (referred to as "we/us/our").
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires,
the following terms have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract formed between you and us, as
detailed in clause 2;
“Client/You/Your” means you, the Consumer, firm or corporate
body purchasing the Services;
“Products”, where applicable, means the products, including e-products
such as e-books and courses, to be provided by us to you
as detailed in our Proposal or as ordered by you via our Website;
“Proposal” means our estimate for providing the interior design
Services, which unless otherwise stated, remains open for
acceptance for a period of 30 days and constitutes our entire scope
of works. This may be by way of a formal fee proposal or an email
confirmation;
“Services” means the interior design services to be provided by us
to you as detailed in our Proposal; and
“Website” means louisebooyens.com
1.2 Each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails;
1.2.2 a statute or a provision of a statute is a reference to that
statute or provision as amended or re-enacted at the
relevant time;
1.2.3 “these Terms and Conditions” is a reference to these
Terms and Conditions as may be amended or
supplemented at the relevant time;
1.2.4 a clause is a reference to a clause of these Terms and
Conditions; and
1.2.5 a “Party” or the “Parties” refer to the parties to these
Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for
convenience only and will have no effect on their interpretation.
1.4 Words imparting the singular number shall include the plural and
vice versa. References to any gender shall include the other
gender. References to persons shall include corporations.
2. How the Contract is Formed
2.1 These Terms and Conditions govern the sale of all Services and
Products provided by us and will form the basis of the Contract
between you and us.
2.2 Following our initial consultation, we will provide you with a
Proposal for the Services and/or Products you have requested. This
will be based on the brief given by you at this initial consultation
(or received in our welcome questionnaire). All details of the
project or any relevant information must be given to us fully and to
the best of your knowledge. A legally binding Contract between
you and us will be created when you accept our Proposal. 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.
2.3 You may be able to purchase Products directly from our Website.
In this event, our Website will guide you through the ordering
process. Your order constitutes a contractual offer that we may, at
our sole discretion, accept. All orders are subject to acceptance by
us and we will confirm such acceptance to you by sending you an
email that confirms that the order has been successfully processed
(“the Order Confirmation”). The Contract between us will only be
formed when we send you the Order Confirmation. The Order
Confirmation will contain full details of the Product(s) ordered, the
price (including any taxes and other additional charges), and where
applicable, the estimated date on which the Product(s) will be
delivered.
2.4 Any Proposal we may send is based on the information provided us
at the time we prepare it. If any errors or discrepancies become
evident which affect our price, we reserve the right to make
adjustments to it.
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 a number of 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, works required outside of our normal
working hours (Monday to Friday, 9am – 5pm excluding bank
holidays) 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 before we will proceed.
3.4 We may provide sketches or impressions before or during the
provision of the Services. Any such material is intended for
illustrative purposes only and is not intended to provide an exact
specification of the works to be provided, nor to guarantee specific
results and is not to be used for construction purposes unless
specifically issued as such.
3.5 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.
3.6 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.
3.7 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.
3.8 We may provide suggestions for products or other services to be
provided as part of your project. You are under no obligation to
accept these suggestions but if you decide to, you will need to
ensure the relevant supplier is suitable for your needs. A separate
contractual relationship will be created between you and the
supplier, under separate terms and conditions. You will be
responsible for making arrangements and paying the supplier
directly and they will be liable to you directly for their actions or
inactions.
3.9 We may agree to coordinate the ordering of products for your
design. We cannot be held responsible for arranging repairs,
replacements, returns or freight claims for purchases you have
made. We strive to select furniture and accessories and brands
with good reputations; however, will not be held responsible for
the quality of any furniture or accessory that we select or propose.
3.10 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. We require a minimum of 48 hours’
notice if the agreed meeting date or time is to be changed. If we
receive less than 48 hours’ notice, we reserve the right to charge
for any costs incurred by us.
3.11 Any timescales we provide are for guidance only and are not of the
essence of the Contract.
4. E-Design Services
4.1 E-Design services are an online decorating consultation service
only. All recommendations are regarded as suggestions to improve
the aesthetic of your space and are not intended for construction
services.
4.2 You are responsible for confirming the accuracy and completeness
of any information that is provided.
4.3 Floor plan measurements and details are for illustration purposes
only, and as such, the floor plan or any related materials that
illustrate the arrangement or placement of recommended items is
intended to be used solely as a rough sketch in order to
demonstrate the suggested placement or arrangement of
recommended items.
4.4 All objects depicted in floor plans or any related materials that
illustrate the arrangement or placement of recommended items
will be chosen as an “approximate match” to represent those
pieces that have been noted in the shopping lists. Colours, sizes
and other details may not be exact.
4.5 We will not be responsible for the means, methods or procedures
of the construction, fabrication, delivery & installation, or safety
precautions in connections with the e-design project.
4.6 Product sourcing is limited to certain countries.
4.7 In the event that you have a space that is a combination-use room
(i.e. living room/dining room combination), payment will be for the
number of spaces combined, unless otherwise agreed in writing.
4.8 Two design revisions are included in every e-design package.
Additional revisions beyond those included are available at
additional cost to be agreed upon in writing.
4.9 We cannot guarantee the prices or long-term availability of
merchandise listed in your product shopping list.
4.10 Fabrics always vary slightly in shade from batch to batch. If a precise shade is critical, please ask for a stock cutting when ordering, otherwise it can be assumed that the fabric samples supplied give a fair indication of shade. We cannot be held responsible for materials going out of stock between a quotation acceptance and materials purchase. All fabrics should be handled with care and in many cases where more than one material has been used; cleaning may not even be possible. We can take no responsibility for any damage occurring to items due to cleaning in the wrong manner.
4.11 We will endeavour to match the correct materials with the client’s requirements and assess its suitability for the environment in which it is to be placed. We can take no responsibility for material behaviour once within its intended destination. Any shrinkage due to high humidity, sun damage, improper cleaning, or any other reason, or damage, mis-shaping or other improper use will not be the fault of Louise Booyens Interior Design.
4.12 Roman/ roller blinds will be supplied with safety bead chain/cord boxes. Should you, the Client, refuse the fitting of these safety options during installation or remove them once the fitters leave the Client’s premises, Louise Booyens Interiors takes no responsibility for injury or death as a result.
4.13 The Client should ensure that the property is accessible to all employees of Louise Booyens Interiors and any third party suppliers providing services throughout the duration of the works.
4.14 Customers' goods cannot be stored by Louise Booyens Interiors. If storage is needed on behalf of the customer a fee will be charged according to the size and value of the goods.
4.15 Any claim regarding damage in transit must be reported to Louise Booyens Interiors within the day of receipt.
4.16 All delivery times quoted are approximate. Louise Booyens Interiors will make every effort to ensure that merchandise is delivered within the time quoted but cannot be held responsible for the actions of suppliers, shippers, etc.
4.17 Goods ordered specially cannot be the subject of cancellation.
4.18 We cannot be held responsible for arranging repairs, replacement
or freight claims for purchases made in conjunction with
recommendations for your e-design project.
4.19 We shall have the right to document the project notes, boards and
photos, which may be used for portfolio, blog, social media, public
display and similar publicity purposes. Your first name and location
may be used in connection with the documentation unless
specified to the contrary. Your data will be held in accordance with
our Privacy Policy. All documentation used on our behalf shall be
paid by us. In addition, if you apply the tips and suggestions given
and document these changes, we must be given credit as the
consultant for the project if your documentation is released to the
public.
5. Price and Payment
5.1 Our standard payment terms for projects over £1,000 are as follows:
5.1.1 50% of the quoted fee is payable as a deposit once our
Proposal is accepted. We will be unable to commence the
works until this deposit has been paid in full;
5.1.2 The remaining quoted fee (if any) is payable on completion
of the design and before any drawings and plans we have
produced are sent to you or your chosen contractors to
begin the works, where applicable. (but before installation of any items)
5.2 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 fee up front at our sole discretion and for projects under
£1,000 and will specify this in the Proposal.
5.3 The Services will be deemed complete, and the final invoice will be
issued, once our design has been provided. We may include for
additional advice and support for a maximum of 6 weeks after we
have issued the final documents and if this is the case, we will set
this out our Proposal. If you require further support, this will be
chargeable at our standard hourly rate.
5.4 Unless otherwise agreed, our hourly rate is £125.
5.5 All quoted prices include VAT where applicable.
5.6 All invoices are payable immediately or within 7 calendar days from
the date of invoice, without set-off, withholding or deduction
5.7 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.
5.8 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.
5.9 All goods remain the property of Louise Booyens Interiors until paid in full.
6. Cancellation Within the Cooling Off Period
6.1 If you are a Consumer, you have a statutory right to a “cooling off”
period within which you can cancel the Contract for any reason,
including if you have changed your mind, and receive a refund.
6.2 In the case of Services, this period begins once the Contract
between you and us is formed and ends at the end of 14 calendar
days after that date. If you wish to cancel the Contract within the
cooling off period, you should inform us immediately by post or
email.
6.3 If you wish for our Services to start within the cooling off period,
you must make an express request for us to do so. You
acknowledge and agree that if you do so, you will lose your right to
cancel if our Services are completed within the 14 day cooling off
period. If we have begun providing our Services, you will be
required to pay for the Services we have provided up to the point
at which you inform us of your wish to cancel. Any and all bespoke items will be chargeable in full and payment made within 7 days of receipt of "cooling off" request.
6.4 In the case of e-Products:
6.4.1 the period begins once we have sent you your Order
Confirmation (i.e. when the Contract between you and us
is formed) and ends when you access (e.g. download or
stream) the paid content, or 14 calendar days after the
date of our Order Confirmation, whichever occurs first;
6.4.2 After the cooling-off period, you may cancel your access to
the paid content at any time, however, we cannot offer
any refunds and you will continue to have access to the
paid content up until the renewal or expiry date, as
applicable, when the Contract will end;
6.4.3 If you purchase e-Products by mistake, please inform us as
soon as possible and do not attempt to access any paid
content. Provided you have not accessed any paid
content, we will be able to cancel the Contract and issue a
full refund. If you have accessed any paid content, we will
not be able to offer any refund and you will continue to
have access to the paid content up until the renewal or
expiry date, as applicable.
6.5 If you wish to exercise your right to cancel under this clause 8, you
may inform us of your cancellation in any way you wish. You may
use our Model Cancellation Form, but you do not have to. To meet
the cancellation deadline, it is sufficient for you to send your
cancellation notice before the cancellation period has expired. If
you do so, we will refund any sums paid to us under the Contract
within 14 days, using the same method you used to make payment,
unless you request otherwise.
7. Cancellation After the Cooling Off Period and for Business Clients
7.1 After the expiry of the cooling off period set out in clause 8 or if
you are not a Consumer, you are required to provide us with a
minimum of 14 days’ written notice if you wish to cancel the
Contract. In the event of cancellation, we will invoice you for the
Services provided up to the date of cancellation. Upon receipt of
payment, we will hand over all works completed by us up to the
date of cancellation in relation to the Contract.
7.2 Either Party may cancel the Contract immediately if the other:
7.2.1 has committed a material breach of this Contract, unless
the breach is capable of remedy, in which case this right to
terminate will be exercisable if the other Party has failed to
remedy the breach within 14 days after a written notice to
do so; or
7.2.2 goes into bankruptcy or liquidation either voluntary or
compulsory (save for the purposes of bona fide corporate
reconstruction or amalgamation) or if a receiver is
appointed in respect of the whole or any part of its assets.
7.3 Cancellation of the Contract for any reason will not affect the rights
and liabilities of the Parties already accrued at that time and any
clauses that are stated to continue in force after termination will
not be effected.
7.4 We will be working with the client’s budget. On occasion, freight
and delivery charges are not known until the end of the lead-time.
Prices of furnishings and other products are subject to change. We
cannot be held liable for additional or unforeseen costs.
7.5 Delays due to contractors/builders or site delays whilst we are
undertaking a project management role cannot be claimed against
us.
7.6 The Client and the Designer shall work together in a spirit of mutual trust and co-operation and promptly advise the other upon becoming aware of: A need to vary the Services or change a Project timetable or any part of the Agreement and incompatibility in or between any of the Client’s requirements and any Client’s instruction, and Project budget or timetable and/or and design approved by the Client, and the Client and the Designer shall use reasonable endeavours to agree on how to deal with the relevant matter.
8. Our Liability
8.1 We will be responsible for any foreseeable loss or damage that you
may suffer as a result of our breach of these Terms and Conditions
or as a result of our negligence. Loss or damage is foreseeable if it
is an obvious consequence of our breach or negligence or if it is
contemplated by you and us when the Contract is created. We will
not be responsible for any loss or damage that is not foreseeable.
8.2 If you are not a Consumer, we will not be responsible to you for
any loss of profit, loss of business, interruption to business, loss of
any business opportunity or for any other indirect or consequential
loss. In the event of a breach by us of our express obligations
under these Terms and Conditions, your remedies will be limited to
damages, which in any event, will not exceed the fees paid by you
for the Services.
8.3 We will use our own exclusive judgement when deciding upon
artistic factors required for the provision of the Services. To the
extent permissible by law, we will not accept liability, and no
refunds will be offered, in the unlikely event that you are
dissatisfied due to a matter of personal taste.
8.4 Nothing in these Terms and Conditions seeks to exclude or limit our
liability for death or personal injury caused by our negligence
(including that of our employees, agents or sub-contractors); or for
fraud or fraudulent misrepresentation.
8.5 Nothing in these Terms and Conditions seeks to exclude or limit
your legal rights as a consumer, where applicable. For more details
on your legal rights, please refer to your local Citizens’ Advice
Bureau or Trading Standards Office.
8.6 We include for Public and Products Liability and Professional
Indemnity Insurance. Details are available on request.
8.7 We may provide referrals or recommendations to other
companies. Please be aware that we may receive commission
payments from these companies. However, the decision regarding
their suitability rests with you and we accept no liability for their
actions or lack of actions.
8.8 We may sometimes suggest third party suppliers and tradespeople direct to the Client. However, the Client will form their own relationship with any third party and be responsible for managing these relationships, and be responsible for financial settlements directly with the third party.
8.8 We cannot be held responsible for issues or defects in our Services
where we have relied on information provided by you or other
companies instructed by you.
9. Intellectual Property Rights
9.1 We own (and retain) all intellectual property rights subsisting in
any and all designs we create and all content on our Website.
9.2 We reserve the right to take such actions as may be appropriate to
restrain or prevent infringement of our intellectual property rights.
9.3 Any licence granted shall be automatically revoked if you breach
any of these terms and conditions or if the Contract is cancelled in
accordance with clauses 7, 8 or 9.
9.4 The licence will apply only to the final design and will not extend to
any draft concepts, images, designs or other material viewed by
you. These cannot be used without our express permission.
9.5 We will issue designs in our standard, non-editable format only. If
you require CAD or other information which could be manipulated
by others, please inform us in advance. We will only issue these at
our sole discretion and subject to the acceptance of our
Professional Indemnity insurers and this will be chargeable
(typically at the remaining fee for the total project phase).
9.6 You warrant that any document given to us will not cause us to
infringe the intellectual property or other legal rights of any third
party.
9.7 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.
10. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11. Complaints and Feedback
11.1 We always welcome feedback from our clients and, whilst we always use all reasonable endeavours to ensure that your experience as a client of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.11.2 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance. We will respond to your complaint within 14 days.
12. Events Outside of Our Control (Force Majeure):
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our
reasonable control. Such causes include, but are not limited to:
power failure, internet service provider failure, industrial action,
civil unrest, fire, flood, storms, earthquakes, acts of terrorism or
war, governmental action, epidemic or other natural disaster, or
any other event that is beyond our control.
13. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14. How We Use Your Personal Information: 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.
15. Governing Law and Jurisdiction
15.1 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.
15.2 Any dispute, controversy, proceedings or claim between us and you
relating to these Terms and Conditions (or the Contract) (including
any non-contractual matters and obligations arising from them or
associated with them) will fall within the jurisdiction of the courts
of England and Wales.