PFEIFFER DESIGN LTD TERMS & CONDITIONS OF BUSINESS
1.Formation of Contract
I. These Terms and Conditions together with the estimate of works (“Estimates”) and/or fee proposal provided by Pfeiffer Design Ltd which describe the services and set out the entire agreement between Pfeiffer Design Ltd and you (the “Client”) will apply once an appointment has been made to provide Pfeiffer Design Ltd services (the “Services”)
II. Before procuring the Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services.
2.Pfeiffer Design Limited Scope of Works
I. Pfeiffer Design Ltd has been retained to provide interior design services only. Pfeiffer Design Ltd is not a general contractor and will not act in such capacity. Any issues concerning construction elements must be discussed between owner and his/her contractor.
II. Pfeiffer Design Ltd will endeavour to advise the client of the predicted timescale of works as soon as is possible after the quotes have been produced. All such dates shall be approximates only and Pfeiffer Design Ltd cannot be held responsible for any delay in completion.
III. Pfeiffer Design Ltd is responsible for organizing 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 as confirmed by Pfeiffer Design Ltd.
IV. 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. However please feel free to contact Pfeiffer Design Ltd and we will be happy to discuss the design concept further over the phone and perhaps make further recommendations via phone/email in special cases.
V. Times and dates quoted for delivery of goods or materials or completion of any work are to be treated as an approximate estimate based on current trading conditions and the Pfeiffer Design Ltd shall not be held responsible for delays outside of its control.
VI. Pfeiffer Design Ltd will not be held responsible for client’s goods left at the premises of the Interior Designer or their suppliers for whatever reason. Clients are responsible for the insurance of their own goods under their own insurance policies, and should ensure that these provide sufficient cover.
VII. Specialist and custom made items cannot be cancelled once orders are placed and manufacturing has commenced. Payment for all such items will be fully in advance. Standard “off the shelf” items might be subject to a cancellation charge from the manufacturer or supplier if cancelled.
I. The Client shall ensure that the property is accessible to employees/freelance consultants of Pfeiffer Design Ltd and any third party suppliers providing services throughout the duration of the works.
II. 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 Pfeiffer Design Ltd.
4.Purchasing or Rental of Products
I. If Pfeiffer Design Ltd purchases 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. These products remain the property of Pfeiffer Design Ltd until they are paid for in full.
II. In cases where furniture or accessories have been rented, it remains the Client’s responsibility to insure the furniture and accessories against all risks, damage or loss.
5.Third Party Suppliers
I. 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.
II. If so requested, Pfeiffer Design Ltd 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.
III. Pfeiffer Design Ltd is not responsible for forming any contractual relationship on behalf of the client.
6.Payment and Billing Policy
I. The charges for the services are set out in the estimate or fee proposal for each project as amended or updated from time to time, according to the needs of the client and project, by Pfeiffer Design Ltd and will be communicated to the Client.
II. Payment can be made by cash or cheque or bank transfer.
III. All cheques should be made payable to Pfeiffer Design Ltd or as confirmed by Pfeiffer Design Ltd.
IV. All payments to Pfeiffer Design Ltd are due immediately upon presentation of invoice, except where the invoice is sent via post where payments shall be payable within 5 working days from the date of the invoice
V. Interest at the rate of 5% per month will be added to all accounts not settled by their due date.
VI. The interest will be added monthly thereafter from the due date until the settlement is received.
VII. Should Pfeiffer Design Ltd have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs incurred.
7.Cancellation and Termination Policy
I. The Client has the right to cancel this contract (the “Contract”) at any time up to the end of seven working days after the day on which the Contract is entered into, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
II. The client does not have the right to cancel the Contract if the supply of the Service has begun, with the Client’s agreement, before the end of the seven working day cancellation period.
III. To exercise the right of cancellation as set out in clause 7.I, the Client must give written notice to Pfeiffer Design Ltd by hand or post or email at Pfeiffer Design Ltd address or email as set out in clause 9.II below.
IV. Once the client has notified Pfeiffer Design Ltd that the Client is cancelling the Contract, Pfeiffer Design Ltd will within 30 days refund the Client for the Services.
V. Following the seven day period set out in clause 7.I, the client has the right to terminate the contract at any time giving notice in writing to Pfeiffer Design Ltd. The Client will be liable to pay Pfeiffer Design Ltd 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 Pfeiffer Design Ltd Consultants).
VI. 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.
VII. Termination of contract will not affect either party’s outstanding rights or duties, including Pfeiffer Design Ltd’s right to recover any money owing to it under these terms and conditions.
I. Pfeiffer Design Ltd 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.
II. Pfeiffer Design Ltd 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.
III. Neither Pfeiffer Design Ltd, 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.
IV. To enable Pfeiffer Design Ltd to deal with any complaints that may arise relating to the Services, the Client must provide full details of any complaints within 7 days of the supply of the relevant services.
V. Nothing in these Terms and Conditions affects any liability for death or personal injury caused by Pfeiffer Design Ltd’s negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
I. Pfeiffer Design Ltd will only use personal information provided by the Client for the purpose of providing the Services, or for informing the client of the availability of similar services, unless the client agrees otherwise.
II. The Client can correct any information, or ask for information about the Client to be delayed, by giving written notice to Pfeiffer Design at the following address:- Pfeiffer Design Ltd, Chapel Barn, Lewes Road, Piddinghoe, East Sussex, BN9 9AL or by email to firstname.lastname@example.org
III. We have taken every measure to prevent internet fraud and ensure data collection from you is stored as securely as possible. However, we cannot be liable in the event of a breach in our secure computer servers.
I. 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 Pfeiffer Design Ltd in connection with the Services shall belong to Pfeiffer Design Ltd absolutely and any such materials, documents or items shall be or remain the sole property of Pfeiffer Design Ltd.
II. Pfeiffer Design Ltd shall be permitted to use photographs of the Client’s property which demonstrates the Services provided by Pfeiffer Design Ltd for its own marketing purposes.
III. The client shall be entitled to use any such materials, documents or other items as are referred to in paragraph 10.1 in connection with the Services but shall not be entitled to copy any such items or use them for any commercial purpose.
IV. In accessing the website you agree that you will access the content solely for your personal, non-commercial use.
I. Pfeiffer Design Ltd 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.
II. 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.
III. These Terms and Conditions and the Contract will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Contract.