TERMS & CONDITIONS
OUR CONTRACT WITH YOU AS HAYLEY JENSEN INTERIORS BY JENSEN INTERNATIONAL FZ LLE Lic No 10927/2017
The below Terms & Condition relate to both or either/or E-Design and Signature Interior Design Services although not specifically identified separately.
These are the terms and conditions on which we supply our Services/Goods to 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 prior to you placing your order with us. If you think that there is a mistake please contact us to discuss. We will confirm any rectifications in writing to avoid any confusion.
When you submit your order to us, this does not automatically mean we have accepted your order for our Services. Our acceptance of your Order will be confirmed by us before we commence the supply of our Services. If we are unable to supply you with our Services we will inform you of this in writing and will fully refund any payment made by you the client.
Images of the items on our website and those shown in your design package are based on supplier information at that time. We cannot guarantee that the pictures accurately reflect the colour or finish of the item/s. Your item/s may vary slightly from those images presented and we are not responsible for any item/s that are not exactly as depicted in the design package. Same applies to all sizes, weights, capacities, dimensions and measurements indicated as again these may vary from the actual items and we cannot be held responsible for variations.
E-Design is an online interior design service only. All recommendations are regarded as suggestions to improve the look of your space and not intended for architectural / construction purposes.
By purchasing a design package or service provided by Hayley Jensen Interiors, the Client acknowledges and accepts our Terms & Conditions and agrees to provide full information regarding their requirements for the project.
Time period for electronic delivery of design package shall not begin until all client supplied information has been received and any queries/clarifications have been settled. Delivery time lines of 2 weeks to submit completed design packages are approximate and based on standard production of a room package. Packages requiring more than 1 x 3D visual unto a maximum of 3 x visuals (CGI) shall be delivered within an approx time frame of 3 weeks. All orders are reviewed on their own merits and should the standard delivery time line be unrealistic we shall notify you the Client and advise new approximate delivery time line.
E-Design Client agrees to correspond strictly through online communication. No personal visits will be facilitated. If personal visits are required the Client agrees to cover all costs associated to facilitating such visits. In the case of air travel this shall also cover business class return ticket, transport and minimum 4* hotel accommodation.
All design packages are prepared and submitted electronically in PDF printable format. Shopping lists are prepared in PDF and Excel format.
Hayley Jensen Interiors will not be responsible for the means, methods or procedures of construction, fabrication, delivery & installation, or safety precautions in connection with the E-Design project; for the acts or omissions of the contractor or any, subcontractor, supplier or other person performing the work on the E- Design project; or, for any failure of them to meet any schedules or completion dates.
For Signature Projects the Specific Project Contract shall prevail.
Hayley Jensen Interiors are not responsible for arranging repairs, replacement or shipping claims for purchases made in conjunction with recommendations for the E-Design project. For Signature Projects the Specific Project Contract shall prevail.
PRICE AND PAYMENT
The price of the Goods and/or the Services will be set out in your Order. Our prices may change at any time, but 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. If rates relating to any government applied charges e.g. VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rates that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of takes effect.
In some instances we reserve the right to request that you pay a non-refundable deposit, which will be a percentage of the total price of the Goods and services when you sign and return a copy of the Order to us. Receipt of the deposit will allow us to initiate the Order. You must additionally make payment for any Goods and/or Services on receipt of an invoice from us, via Pay pal or bank transfer using the account details set out on our invoice immediately upon receiving the invoice. In case the project amount is more than £1500.00, we reserve the discretion to divide the amount into agreed instalments, in which case 50% of the amount will be payable immediately with the balance being paid at agreed contracted intervals. Failure to maintain the contracted instalments will place a hold on any ongoing works until such time payments are brought unto date. We reserve the right to charge you expenses which are reasonably incurred in connection with provision of the Services and any delays so caused by not maintaining contracted instalment payments, including but not limited to travel expenses and site visits if applicable.
If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 2% per month compounded from the date the payment fell due to the date of settlement in full. You must pay us interest together with any overdue amount. However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, this interest clause will not apply for the period of the dispute.
For E-design Services we will provide you with a full shopping list but our guarantee for availability of stock and price at time of sourcing does not apply.
For Signature Services we will provide you with a detailed BOQ but our guarantee for availability of stock and the associated costs is only for a period of one month. If the item runs out of stock within one month of us providing the BOQ we will find a replacement similar item at no additional cost. If however an item becomes unavailable outside the one month period, you will be required to pay an additional cost towards sourcing a replacement. This cost will be advised in writing to you the client.
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 and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an Order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to 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. All the made-to-measure 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.
If you make a cancellation to a project for which we had offered a discount, you acknowledge that you are forfeiting the discount. We will refund any amount paid less the value of the work performed in addition to any discount previously offered. This is in line with our policy that a discount should only apply to projects over a certain value, in this case being £1500.00.
Due to the nature of interior design services, refunds cannot be offered once the project has commenced. For the purpose of these terms, ordering of the required items and sourcing them will be within the definition of project commencement. Additionally, you should take note that you may not always be satisfied with our recommendations and ideas and this shall not form a basis for refunds. If however you cancel an order before project commencement a full refund will be issued within 10 days of cancellation.
We may fabricate the Goods according to the measurements you provide us. If we do so, please make sure your measurements are correct and accurate. Unfortunately, we cannot accept the return of made-to-measure Goods if the reason for the return is because you provided us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
DELIVERY OF GOODS
Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods. We will contact you with an estimated delivery date. Usually, our delivery timelines are within two -16 weeks of the order. Occasionally our delivery to you may be affected either by busy seasons or by an Event Outside our Control. In such cases, you will be promptly notified and advised of estimated delivery time line. Delivery of an Order shall be completed when we deliver the Goods to the address you supplied to us or the supplier or shipping company. You the Client shall be responsible for paying any additional shipping import charges/duties relating to out of country purchases. Such charges shall be advised in writing to you the Client.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may deliver the Order in instalments. We will not charge you extra delivery costs for this unless we have discussed this with you first. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment. The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from us. You only own the Goods once we have received payment in full.
MANUFACTURER’S GUARANTEE OF GOODS
The 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. In the event that you wish to rely on a manufacturer’s guarantee, you the client are responsible for liaising directly with the supplier to rectify any problems. Ultimately the manufacturer is responsible for dealing with any issues in respect of the Goods. This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described.
OUR LIABILITY TO YOU
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 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; and 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 our 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.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us to: provide the Client with Goods and/or Services; process your payment for such Goods and/or Services; and inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us. We will not share your personal data to any third party.
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 organisations and we will notify you in writing if this happens. 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 Hayley Jensen Interiors agree in writing.
This contract is between you the Client and us the Designer. No other person shall have any rights to enforce any of its terms & conditions.
Good faith as a principle of law shall be employed in the performance of this contract by both you the Client and us the Designer. We shall both refrain from conducting ourselves in a manner that exhibits coercion and aggression. If you have a complaint, you the Client agree to use the provided mechanisms for redress and not to undertake actions such as negative publicity, slander or defamation of character 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 as set out 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 against you and enforceable. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.
Changes to Terms & Conditions
We may revise these Terms from time to time in order to comply with changes in relevant laws and regulatory requirements. If we have to revise these Terms, we will give you where reasonably possible at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in relation to any Services ordered after we give you notice if our Services have not already commenced. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in section on cancellation.