PFEIFFER DESIGN LTD TERMS & CONDITIONS OF BUSINESS
1st August 2022
Formation of Contract
These Terms and Conditions together with the estimate of works (“Estimates”) and/or Fee Proposal provided by Pfeiffer Design Ltd, which describe the services provided, and set out the entire agreement between Pfeiffer Design Ltd and you (the “Client”), will apply once an appointment has been made to provide you (the “Client”) with the aforementioned Pfeiffer Design services (the “Services”).
Before procuring the Services, you should read these terms and conditions carefully. If you do not agree with them, do not use the Services.
Pfeiffer Design Limited Scope of Works
Pfeiffer Design Ltd 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 the Client and his/her contractor.
Pfeiffer Design Ltd will endeavour to advise the Client of the predicted timescale of works as soon as is possible after quotes have been produced. All such dates are approximate only and Pfeiffer Design Ltd cannot be held responsible for any delay in completion.
Pfeiffer Design Ltd is responsible for organising Third Party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work on behalf of 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. These Third Parties may be appointed by the Client as long as Pfeiffer Design Ltd has carried out due diligence.
Due to the nature of the Interior Design business, Pfeiffer Design Ltd cannot guarantee that the Client 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.
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 Pfeiffer Design Ltd shall not be held responsible for delays outside of our control.
Pfeiffer Design Ltd will not be held responsible for the Client’s belongings left at the premises of the Interior Designer or their suppliers for whatever reason. The Client is fully responsible for the insurance of their possessions under their own insurance policies, and should ensure that these provide sufficient cover.
Specialist and custom-made items cannot be cancelled once orders are placed and manufacturing has commenced. Payment for all such items must be made in advance. Standard “off the shelf” items might be subject to a cancellation charge from the manufacturer or supplier if cancelled. All items remain the property of Pfeiffer Design Ltd until paid for in full.
The Client must 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 Services.
The Client must ensure that utilities such as electricity and water are available for use at the property throughout the Services and at no cost to Pfeiffer Design Ltd.
Purchasing or Rental of Products
If Pfeiffer Design Ltd purchases products on behalf of the Client in addition to the Estimates already proposed, full payment of the agreed purchase price is required from the Client upfront, prior to purchase. These products remain the property of Pfeiffer Design Ltd until they are paid for in full.
In cases where furniture or accessories are rented, it is solely the Client’s responsibility to fully insure the furniture and accessories against risk, damage or loss.
Third Party Suppliers
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.
If requested, Pfeiffer Design Ltd may coordinate the services and financial settlements with these Third-Party Suppliers on behalf of the Client, as part of the Services undertaken, but ultimately the Client remains solely responsible for the contractual relationship with the Third-Party Supplier.
Pfeiffer Design Ltd is not responsible for forming any contractual relationship on behalf of the Client.
Should the client make use of Pfeiffer Design Ltd tradespeople/subcontractors, all communication must run through Pfeiffer Design Ltd.
Any costs associated with importing items from outside the UK will be charged to the Client.
Payment and Billing Policy
The charges for the Services are set out in the Estimates or Fee Proposal for each project are 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.
Payment can be made by bank transfer.
All payments to Pfeiffer Design Ltd are due immediately upon presentation of invoice.
Interest at the rate of 5% per month will be added to all accounts not settled by their due date.
The interest will be added monthly thereafter from the due date until the settlement is received.
Should Pfeiffer Design Ltd have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for all costs incurred.
Cancellation and Termination Policy
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.
The Client does not have the right to cancel the Contract if the supply of the Services has begun, with the Client’s agreement, before the end of the seven working day cancellation period.
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.
Once the Client has notified Pfeiffer Design Ltd that the Client is cancelling the Contract, Pfeiffer Design Ltd will refund the Client for the Services within 30 days.
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).
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.
Termination of the 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.
Pfeiffer Design Ltd is not liable 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.
Pfeiffer Design Ltd is not 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.
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.
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.
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.
In the case of properties that have received Listed Building Status (whether Grade I or II, starred or not), Pfeiffer Design accepts no responsibility whatsoever for the research, planning and construction required in order to legally alter such dwellings. Listed Building Consent must be sought through the relevant local planning authority. Carrying out unauthorised works to a listed building is a criminal offence and owners can be prosecuted. Any work on a listed building is undertaken entirely at the Clients’ own risk and expense.
Pfeiffer Design accepts no responsibility whatsoever for ensuring that planning permission has been sought and/or granted. This responsibility lies solely with the client in all circumstances.
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.
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 email@example.com
Pfeiffer Design Ltd 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.
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 remain the sole property of Pfeiffer Design Ltd.
Pfeiffer Design Ltd shall be permitted to take and use professional photographs of the Client’s property which demonstrates the Services provided by Pfeiffer Design Ltd for its own marketing purposes.
The client shall be entitled to use (in a personal capacity) 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.
In accessing the Pfeiffer Design Ltd website, the Client agrees that you will access the content solely for your personal, non-commercial use.
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 re-organisation. Otherwise, the contract is not transferable by either party.
All items specified by Pfeiffer Design Ltd must be procured by Pfeiffer Design Ltd.
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 courts will have jurisdiction in respect of any dispute arising from the Contract.
I hereby confirm that I have read, understood and agree to the above Terms and Conditions of business.