Terms and Conditions

1.  Definitions

"Us", "We", "Our" means {Chrysalis Interiors} of {1 The Old School, Hutton Rudby, Yarm, North Yorkshire, TS15 0AL}.

"You" means the Client for whom we provide the Services.    

"Services" means the interior design and project management services provided by Us in return for payment from You.  The services are detailed below.

"Payment" means payment by You at the point during the transaction more particularly detailed below.  Payment must be made to Us either in cash, by cheque (payable to Samantha Lowdon trading as Chrysalis Interiors) or by Debit/Credit Card.   Please allow 7 working days for cheques to clear.

"Costs" means the costs of the Services or the costs of the goods to be supplied by the Supplier.  In relation to the latter payment must be paid either to Us in full prior to Us ordering them on Your behalf, or payable by You directly to the Supplier when ordered directly from the supplier by You.

"Order" means an order in writing made by You for the supply of Services and/or goods by Us

"Supplier" means the third party from whom the goods are to be ordered.  The Supplier is not connected to Us other than via the Contract for Goods entered into by Us on Your behalf if You require Us to order the goods for You.  

"Contractor" means the third party hired to undertake the building work (to include, but not limited to, electrical, plumbing, plastering, tiling, brick laying, roofing, heating installation, glazing and flooring) required to implement the design.


2.  SERVICES:

2.1  We will provide the following services to You in return for the Payment:

For all of the Services, other than the free initial Design Consultation, a signed order form and payment as set out below will be required.

2.1.1 A Design Consultation.  This is a free initial consultation of approximately 1 hour which will take place either at Our place of business or at Your home/place of business.  This consultation will not be charged for whether you request further services from Us or not. This initial consultation can be followed by further Services all of which will be charged for.  

2.1.2 The preparation and delivery to You of Mood and Sample Boards.  These will follow the initial Design Consultation and the Cost will be detailed to You before the work is undertaken.  Payment to Us in full will be required prior to the retention by you of the Mood and Sample Boards.  Until payment in full is received by Us, ownership of the Mood and Sample Boards will remain with Us.

2.1.3 A Design Concept.  This will normally follow the Design Consultation and the Cost of the Design Concept will be detailed to you prior to the work being undertaken.  A deposit of 50% will be required at the time of signature of the order form and the balance will be due prior to the delivery to you of the Design Concept.  Ownership to the Design Concept  will remain with Us until payment has been received in full.     

2.1.4 A 3D Drawing Package.  This may be in addition to the Design Concept or ordered independently of it.  A deposit of 50% will be required at the time of signature of the order form with the balance due before the 3D Drawing is delivered to You.  Until payment has been received in full title to the 3D Drawing package will remain with Us.    

2.1.5 Product Sourcing Services.  These are to enable Us to source the appropriate products to complete the design You have agreed.  They will be sourced from the Suppliers following the receipt by Us of a design signed by You and the completion of a Product Sourcing order form. The Cost of the Goods will be reported in writing to You by Us, and the goods can either be ordered by Us after payment in full from You, or they can be ordered by You directly from the Supplier(s).  In the latter case We will supply You with full details of the Supplier(s) product description and order number (if applicable) and quantity details as well as the Cost detailed to Us by the Supplier.  We do not take any responsibility in either case for a change in the Supplier's specifications, delivery times, costs or availability.    

2.1.6 Implementation and Project Management.  We can offer You the opportunity for the Design We have created to be implemented.  You will be required to complete and sign an order form and should the work include using a Contractor, we can source the Contractor(s) and negotiate the terms of the contract and costs on Your behalf.  Payment for the building work will be need to be made directly to the Contractor and will be due as required under the terms of the contract we negotiate with them.  The contract will be between You and the Contractor and We will, if required, be named as the Project Manager in the contract.  Payment to Us for the sourcing of the Contractor, negotiating the terms of the contract with the Contractor, and/or acting as Project Manager will be made directly to Us with 50% payable prior to work being undertaken and the balance due on completion of the building work.

3.  ORDERS

3.1    When you place an Order with Us we will complete the Order Form in writing and both parties must sign and date the Order Form prior to the work being undertaken or the goods supplied.  

3.2    From time to time we may have to change the specification of the Services without notice to You, but We will only do so if the change in specification is required so that You can receive the most up to date specification or because we have to comply with UK or EU requirements.  We will try to ensure the changes do not materially affect the performance of the Services.

3.3    Once services and/or goods have been ordered payment will be required in full to Us and/or the Supplier even if You change Your mind.  Payment to the Contractor for work cancelled after the contract has been signed by You will be as required under the terms of the contract.

3.4    Responsibility for the work under taken by the Contractor or the goods provided by the Supplier shall rest with the Contractor and/or the Supplier.  Unless We are the Project Manager You will be required to contact the Contractor/ Supplier and resolve any issues with them directly.

3.5    Any variation requested by You, once Services or Goods have been ordered by You, will only be implemented by Us after a new Order Form has been completed and signed by You and the additional cost incurred as a result of the variation paid in full to Us and/or the Supplier/Contractor.  Any variation which requires an amendment to the Order with the Supplier or the contract with the Contractor will only be implemented by Us if We are acting as the Project Manager once the additional cost if any has been paid in full and the amendment made to the Order with the Supplier and the contract with the Contractor.


4.  SAMPLES

4.1    Samples are intended to be a representation of the material (including but not limited to fabric, tiles, carpeting, bricks, paint, kitchen/bathroom cupboard doors and worktops) but not as an exact match as there may be variations of colour between the sample and the final product.  We do not supply the samples or the final product Ourselves but obtain them from the Suppliers and any changes are the responsibility of the Supplier.


5.  MEASURING, FITTING AND PROJECT MANAGEMENT

5.1    Unless You use Our measuring service, Goods are manufactured in accordance with the measurements provided by You.  Payment for them to the Supplier will be Your responsibility.  

5.2    All items will be quoted for individually including, where requested, installation of all the Goods and Services ordered.

5.3    If You wish to use Our fitting service (which in some cases will be provided by a Contractor) We will provide a quotation upon request.  Fitting charges are quoted on the basis that We, or the Contractor, are able to obtain unobstructed access to the property on the first visit for fitting.  If at the time of fitting the Goods it is discovered that due to the condition of Your property, the fitting cannot proceed without remedial work, a quotation will be provided for such remedial work in advance of the fitting.  Payment to the Contractor will be Your responsibility.

5.4    We reserve the right to make additional charges if subsequent visits are required, following the difficulties encountered in clause 5.3 above to complete the fitting.

5.5 Where We are acting as project manager, You shall not be entitled to reject the goods where the alleged defect or breach of contract is so slight that it would be unreasonable for You to.  

5.6    Where We are acting as the project manager, any claim by You which is based upon any defect in the quality or condition of the goods or building work or their failure to correspond with the Order shall be notified to Us immediately upon discovery of the defect or failure and in any event prior to the completion of the work.

5.7    Where architectural drawings, planning applications and/or building regulation applications are required to progress the work, the applications will be submitted by Us if we are acting as Project Manager.  The fees associated with the applications will be payable in full by You prior to the submission of the applications. If We advise that such applications are required We accept no responsibility if work undertaken to implement the design is delayed, interrupted, requires amendments or is required to be removed if You decide to commence work before the approvals are obtained.

6.  GENERAL

6.1    We shall not be liable to You nor deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, reduction in or unavailability of power at our works or those of Your suppliers or Contractors or Your property or the breakdown of manufacturing or other equipment and unavailability of raw materials.

6.2    Nothing in these Terms excludes or limits our liability for death or personal injury caused by Our negligence.

6.3    You must not copy any of our designs without obtaining our permission in writing.

6.4    Liability for breach of contract or negligence shall be limited to the Cost of the Services

6.5    Copyright in the Mood and Sample Boards, the Concept Design and the 3D Drawing Package will remain with Us

6.6 Prior to any building work taking place at Your home or place of business You will need to produce to Us a current valid Certificate of Insurance covering public liability.

6.7 We retain the copyright to all of the designs produced for You as part of the provision of the Services.

6.8 Any written notice You want to send to Us must be sent to us at {Put in address of business}.

6.9    If any provision of these Terms and Conditions is held by a court to be unenforceable or invalid in whole or in part the validity of the other provisions of these Terms and Conditions shall remain in full force and effect.

6.10    If one or more provision(s) of these Terms and Conditions is not enforced by Us at any stage, We are not prevented from enforcing the same or other provisions at any time

6.11    These Terms and Conditions will be governed only by the law of England and Wales.          

6.12 A person who is not a party to the contract between You and Us has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.

6.13    These, together with any order forms signed by You, constitute the entire Terms and Conditions of the contract between You and Us for the provision of Our Services.