Terms and Conditions
TERMS AND CONDITIONS FOR BY REBECCA TAYLOR DESIGN SERVICES
1.0 Formation of Contract
1.1 These Terms and Conditions together with the estimate of works (“Estimate”) provided by By Rebecca Taylor Ltd which describe the services set out the entire agreement between By Rebecca Taylor Ltd a company registered in England and Wales with company number 14031032 and registered to charge VAT @ 20% on all goods and services. (“By Rebecca Taylor Ltd”) and you (the “Client”) and will apply once an appointment has been made to provide By Rebecca Taylor Ltd services (the “Services”).
1.2 Before procuring the Services you should read these terms and conditions carefully. You are advised not to use the services of By Rebecca Taylor Ltd if you do not agree to the terms stated.
2.0 By Rebecca Taylor Ltd Obligations
2.1 By Rebecca Taylor Ltd will endeavour to advise the client of the predicted timescales of works as soon as is possible after the quotes have been produced. All such dates shall be approximate only and By Rebecca Taylor Ltd cannot be held responsible for any delay in completion.
2.2 By Rebecca Taylor Ltd is not responsible as standard for organising 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 By Rebecca Taylor Ltd. The Client should notify By Rebecca Taylor Ltd if this is required for their project.
2.3 In some cases, goods and materials are supplied by By Rebecca Taylor Ltd directly to the Client and By Rebecca Taylor Ltd hereby warrants that such goods and materials shall be of satisfactory quality and fit for their intended purpose.
2.4 Due care and attention will be taken when sourcing products remotely for customers including but not limited to using past reviews of stores and (or) seeing products in person. By Rebecca Taylor Ltd is not liable for any issues regarding the products recommended where reasonable due care and attention has been made to source said items.
2.5 By Rebecca Taylor Ltd will take reasonable due care and attention to source items as close to the renders as possible, however cannot guarantee it will be the exact products used within the renders. Due care will always be made to ensure the products will create the same style and look as those in the renders.
3.0 Client Obligations
3.1 All items sourced by By Rebecca Taylor for the Client remotely needs to be checked over by the customer before purchasing, including and not limited to shipping dates, dimensions, style and quality. By Rebecca Taylor is not liable for any items damaged in transit.
3.2 The Client should take due care and effort to supply By Rebecca Taylor with any required information prior to their project start date set or will lose their design slot and lose their non refundable deposit.
3.3 In agreeing with these terms the Client acknowledges that they are fully aware of all work proceeding and confirm they are happy with all items discussed and quoted.
3.4 The Client should ensure they follow the manufacturers instructions on how to install products and should hire professionals to fit where needed, including and not limited to electricals, plumbing and (or) mounting items such as mirrors or artwork. By Rebecca Taylor is not liable for any damage or injury caused by products not being properly installed.
3.5 The Client is recommended to speak with relevant professionals for advice and to obtain the relevant permissions before any building works commence, including but not limited to builders, architects and (or) government planning agents.
3.6 The Client is not permitted to use our designs for their own business use or their own marketing material. All designs are created with the By Rebecca Taylor logo which should remain when being shared.
3.7 The Client should take due care and effort to liase with the company in a timely manor when organising for amendments to be made. In cases where By Rebecca Taylor does not receive any communications from the customer within a 2 month period, By Rebecca Taylor has the right to terminate the contract with no refund being owed.
3.8 The client is responsible for checking items sourced by By Rebecca Taylor remotely, including dimensions. Additionally, the client has a responsibility to ensure that the floorplans and dimensions they provide are accurate. By Rebecca Taylor will use these dimensions in the renders, but it is the client's responsibility to sense-check the designs and ensure they are satisfied. Moreover, the client should double-check any measurements of furniture before purchasing to ensure they are content with the fit within their space.
4.0 Delivery of Goods and Services.
4.1 By Rebecca Taylor Ltd will not be held liable for any over-run of works or delays by third party suppliers or tradespeople and sub-contractors.
4.2 By Rebecca Taylor is not liable for any delays in shipping for any items purchased to create the design.
4.3 If the client decides to collect any ordered goods from By Rebecca Taylor Ltd it will be necessary to sign a collection note and therefore the client will be responsible for the goods from thereafter.
5.0 Third Party Suppliers
5.1 The Client will form a direct contractual relationship with Third Party Suppliers, and will be responsible for managing these relationships and any financial settlements direct with the Third Party Suppliers.
5.2 If so requested, By Rebecca Taylor Ltd may coordinate the services and financial settlements with Third Party Suppliers on their behalf, as part of the services undertaken, but the client will remain ultimately responsible for the contractual relationship with the Third Party Supplier. The Client should notify By Rebecca Taylor Ltd if this is required for their project.
5.3 By Rebecca Taylor Ltd is not responsible for forming any contractual relationship on behalf of the client.
6.0 Payment & Billing Terms
6.1 The charges for the Services are set out in the Estimate accompanying these terms and conditions or as amended or updated by By Rebecca Taylor Ltd and communicated to the Client.
6.2 Payments should be made by debit or credit card via www.byrebeccataylor.com or bank transfer when this has been pre agreed between By Rebecca Taylor Ltd and The Client.
6.3 Cheques are not an accepted way to settle payment.
6.4 Payment & Billing Terms A non-refundable deposit is required to secure the booking space. 50% of the remaining balance is payable upon sign-off of mood board(s), with the final 50% due within a week of receiving the final designs. This final payment condition is applicable after the client has received the designated number of amendments specified in their design package. For premium packages, the final payment needs to be made before the shopping lists and discount codes are provided By Rebecca Taylor Ltd.
6.5 Interest at the rate of 10% per month shall be payable on all accounts not settled by their due date, which is within 3 months of the project start date.
6.6 The interest will be added monthly thereafter from the due date until settlement is received.
6.7 Should By Rebecca Taylor Ltd have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs so incurred.
6.8 By Rebecca Taylor Ltd will inform the client of any likely third party suppliers price increase on all orders prior to agreement of contract.
7.0 Cancellation and Termination Policy
7.1 The Client has the right to cancel this contract (the “Contract”) at any time up to the end of seven working days after their pre agreed Project Start Date, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
7.2 The Client does not have the right to cancel the Contract if the supply of the Full Design Services begins with the Client’s agreement before the end of the seven working day cancellation period.
7.3 To exercise the right of cancellation set out in clause 7.1, the Client must give written notice to By Rebecca Taylor Ltd by email, at By Rebecca Taylor Ltd email address as set out in clause 9.2 below.
7.4 Once the Client has notified By Rebecca Taylor Ltd that the Client is cancelling the Contract, By Rebecca Taylor Ltd will, within 30 days, refund the Client for the Services.
7.5 Following the ‘seven day’ period set out at clause 7.1, the client has a right to terminate the Contract at any time by giving notice in writing to By Rebecca Taylor Ltd. The Client will be liable to pay By Rebecca Taylor 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 costs incurred by By Rebecca Taylor Ltd).
7.6 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.
7.7 Termination of the Contract will not affect either party’s outstanding rights or duties, including By Rebecca Taylor Ltd right to recover any money owing to it under these terms and conditions.
8.0 Liability
8.1 By Rebecca Taylor Ltd shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Client which is or are incomplete, incorrect or inaccurate.
8.2 By Rebecca Taylor Ltd shall not be liable to the Client for any unforeseeable loss or damages arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
8.3 Neither By Rebecca Taylor 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 other adverse weather conditions.
8.4 To enable By Rebecca Taylor Ltd to deal with any complaint that may arise relating to the Services, the Client must provide full details of any complaint within 7 days of the supply of the relevant Services.
8.5 Nothing in these terms and conditions affects any liability for death or personal injury caused by By Rebecca Taylor Ltd negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
9.0 Data protection
9.1 By Rebecca Taylor Ltd will only use any 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.
9.2 The Client can correct any information, or ask for information about the Client to be deleted, by giving written notice to By Rebecca Taylor Ltd at the following email address: byrebeccataylor@gmail.com
10.0 Copyright
10.1 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 By Rebecca Taylor Ltd in connection with the Services shall belong to By Rebecca Taylor Ltd absolutely and any such materials, documents or items shall be or remain the sole property of By Rebecca Taylor Ltd.
10.2 By Rebecca Taylor Ltd shall be permitted to use photographs of the Client’s property which demonstrate the Services provided by By Rebecca Taylor Ltd for its own designers marketing purposes.
10.3 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.
11.0 General
11.1 By Rebecca Taylor Ltd may assign or subcontract 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.
11.2 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.
11.3 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.
12.0 Data Protection
12.1 By Rebecca Taylor Ltd protects client’s personal data. No information will ever be forwarded onto third parties, suppliers and subcontractors unless agreed with the client.
12.2 Any personal data provided by the client to By Rebecca Taylor Ltd will be stored securely with access only for staff members.
12.3 Data will never be visible to other clients of By Rebecca Taylor Ltd.
These terms and conditions should be accepted when the initial deposit is paid by the customer and is done so via a hyperlink and tick box to confirm the customer has read and understood the terms set out in the Terms and Conditions. Where the customer has paid their deposit by Bank Transfer, it is expected that they have read, understood and accepted the Terms and Conditions set out.
TERMS AND CONDITIONS FOR THE USE OF BY REBECCA TAYLOR SHOPPING LISTS
1.0 Formation of Contract
1.1 Before procuring the Services you should read these terms and conditions carefully. You are advised not to use the services of By Rebecca Taylor Ltd if you do not agree to the terms stated.
2.0 By Rebecca Taylor Ltd Obligations
2.1 We respect your privacy. Your personal details will not be shared with any 3rd parties or used for advertising purposes. Your data will never be shown to other clients of By Rebecca Taylor Ltd.
2.2 Refund only to be issued to a customer where system issues mean they have been unable to download the shopping list.
3.0 Consumer Obligations
3.1 The downloaded shopping list is for the purchasers use only, not to be shared with 3rd parties or published
3.2 It is the consumers responsibility to check they are happy with the items dimensions, style and quality. Any defects to the product is not the responsibility of By Rebecca Taylor Ltd. Any issues with the supplier to be dealt with directly with the store purchased from.
3.3 Consumer understands that the shopping lists consist of items to depict a similar style to the design and they are not purchasing a list of exact items that were used in the design.