REJIG INTERIORS TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision by Rejig Interiors (“the Supplier”) of Interior design services of Bathrooms, Kitchens and Other interior rooms to customers who require any such services to be provided at their home.
These Terms and Conditions apply where the customer is a “Consumer” as defined below.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement”
means the formal agreement between You and Us in the form attached as Schedule 4 which will incorporate and be subject to these Terms and Conditions;
“Agreed Times”
means the times which You and We agree for Us to have access to the Property to carry out and complete the Services [as specified in the Agreement];
“Bathroom”
means the location (at the Property) which is the subject of the Services;
“Business”
means any business, trade, craft or profession carried on by You or any other person/organisation;
“Consumer”
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Supplier who receives any Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Design Services”
means the details of bathroom design services to be provided as set out in an attachment to the Agreement;
“Design Terms and Conditions”
means the terms set out in Schedule 1 that will apply in addition to those set out in Clauses 1- [21] where We are to provide Design Services;
“Fitting Services”
means the details of bathroom fitting services to be provided as set out in an attachment to the Agreement;
“Fitting Terms and Conditions”
means the terms set out in Schedule 2 that will apply in addition to those set out in Clauses 1- [21] where We are to provide Fitting Services;
“Inseparably Mixed Goods”
means Products that have become mixed inseparably (according to their nature) with other Products or other items after delivery;
“Order”
means Your initial request for Us to provide a Quotation for any of the Services;
“Our Premises”
means Our “business premises” as that expression is defined in the Regulations;
“Personalised Goods”
means Products that are made to Your specifications or are clearly personalised;
“Price”
means the total sum (as shown on invoices issued in accordance with Clause 6 of these Terms and Conditions) that You must pay for the Services under the Agreement;
“Price for the Products”
means, the price We charge You for the Products that We use when We provide any Supply Services, being part or all of the Price payable for Supply Services;
“Products”
means the products, materials and other items We supply which are required for Supply Services as such items are specified in the Agreement;
“Project”
means the project (if any) within which We will be providing the Services to You, and the project may include supply or products, materials, work, or services (including design) additional to any Services We are to provide;
“Property”
means Your home (as detailed in the Order and the Agreement) in which the Bathroom is located;
“Quotation”
means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the Price We will charge You for, in each case, Design Services, Fitting Services or Supply Services;
“Quoted Price”
means the Price set out in the Quotation for Design Services, Fitting Services or Supply Services;
“Regulations”
means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Services”
means the Design Services and/or Fitting Services and/or Supply Services that We are to provide as specified in a copy of an accepted Quotation attached to the Agreement;
“Start Date”
means the date You and We agree on for Us to start providing the Services as specified in the Agreement;
“Supply Services”
means the details of Product and other supply services to
be provided as set out in an attachment to the Agreement;
“Supply Terms
and Conditions”
means the terms set out in Schedule 3 that will apply in addition
to those set out in Clauses 1-22 where We are to provide
Supply Services;
“Third Party Contractor”
means any other contractor or consultant working on the Project;
“Visit”
means any occasion, scheduled or otherwise, on which We visit
the Property to provide any of the Services;
“We/Us/Our”
means the Supplier and includes all employees, agents and
sub-contractors of the Supplier;
“You/Your”
means a Consumer who is a customer of the Supplier.
1.2 Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
1.4 Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions including the Schedules to it.
1.5 Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
1.6 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.7 Words signifying the singular number will include the plural and vice versa.
1.8 References to any gender will include the other gender.
1.9 References to persons, unless the context otherwise requires, include corporations.
2. Information About Us
2.1 We are a Sole Trader, trading under the name Rejig Interiors.
3. Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints, You may contact Us by by email at info@rejiginteriors.com.
3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following method:
3.2.1 contact Us by email at info@rejiginteriors.com
4. Purchasing Design Services
4.1 To secure Our Design Services, you must either:
4.1.1 Purchase one or more of Our Design Packages through our website thereby initiating a Project with Us; or
4.1.2 Contact us via email for a free bespoke quotation.
4.1.3 A Contract will be formed for the Services ordered only when you receive an email from Usconfirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
5. Payment and Services
5.1 The Quoted Price for any particular Service will be the Price payable for those Services as shown online or displayed through electronic communications for bespoke projects.
5.2 The Quoted Price does not include VAT at this present time.
5.3 Our services must be purchased in advance before our consultation commences.
5.4 Once payment is received, we will schedule in a design consultation.
6. Information provided by you
6.1 We will need certain information from You in order to provide the Design Services You have requested, such as room dimensions or choice of style. We will contact You to explain what is required.
6.2 You are responsible for ensuring the accuracy of any measurements you send Us.
6.3 If You do not provide Us with the information, We have requested within a reasonable time frame or the information is incomplete or incorrect, We may either terminate the contract or request further payment to cover all reasonable additional costs incurred.
7. Services provided by us
7.1 Our Design Services will depend upon the Design Package(s) You have selected but typically comprise of the following: Phone or video consultation with Your designer, concept board, 2D plan of layout, 3D Perspectives, 3D fly through or similar and a curated shopping list. A description of the design services We offer are provided on Our Website. Or can be provided on request.
7.2 You will have the opportunity during the consultation process to provide feedback to Us in order that the Design Service(s) We provide may fully satisfy Your Project expectations. We provide one round of edits to the design if required.
7.3 Where the Design Package includes any 3D content, such as 3D perspectives, 3D fly through or similar, this work will be undertaken once only, for the design that has been given Your final approval.
7.4 We will provide the deliverables of Your Project via email to the address You provided at the time of ordering. We aim to carry out the initial Consultation within 5 days of Your purchase. We aim to complete the final design within 7 days of the consultation, this may take longer if We are waiting on a third-party retailer to provide product pricing.
Third-party links
7.5 Where Our Design Services includes a curated shopping list with links to third party websites or showrooms for the purchase of items, although We will always endeavor to select retailers that share Our high standards, We are not responsible for the content, security, performance, practices or policies of their websites and do not guarantee or warrant that they will be inoffensive, fit for purpose or free of viruses or other malware.
7.6 Any purchase by You from a third-party retailer is made by way of a separate contract between You and the retailer. We are neither a party to such a contract nor an agent of You or the retailer.
7.7 Any price communicated within our documentation is subject to change and must not be relied upon.
8. Complaints and Feedback
8.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
8.2 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
8.2.1 In writing, addressed to Fiona Crook, Director, info@rejiginteriors.com
9. Cancellation of Contract During the Cooling Off Period
Where the Agreement is not made on Our Premises, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us (i.e. the Agreement) has been made, and it ends:
9.1 In relation to Services, at the end of 14 calendar days after the date on which the Agreement was made.
9.2 If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a email to the email address specified in these Terms and Conditions).
9.3 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.4 If you exercise the right to cancel You will receive a full refund of any amount paid to the us in respect of the Agreement .
9.5 We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
9.6 We will process the refund due to You as a result of a cancellation of Services without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
9.7 If the Start Date falls within the cooling off period You must make an express request for provision of the Services to begin within the 14 calendar day cooling off period. [This request forms a normal part of the ordering process.] By making such a request, You acknowledge and agree to the following:
9.8 If the Services are completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Services are completed;
9.9 If You cancel the Agreement after provision of the Services has begun You will be required to pay for the Services supplied up until the point at which You inform Us of Your wish to cancel;
9.10 The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis
9.11 We will process any refund within 14 calendar days after You inform Us of Your wish to cancel.
10. Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing Our obligations under the Agreement where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
11. Liability and Consumer Rights
11.1 We will maintain suitable and valid insurance.
11.2 Subject to the following provisions of this Clause 11, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
11.3 If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your Property that We may discover while providing the Services.
11.4 We provide Services for domestic and private purposes only. We make no warranty or representation that any Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.5 Whilst We aim to provide the Services to You according to the timetable specified in the Agreement, dates and timeframes for delivery for Products and carrying out the Services are provided for guidance only and We do not guarantee that the Services will be performed or completed by or within those or any other dates or timeframes. For the purposes of the Agreement, time shall not be of the essence and We will not be liable for any loss or damage You suffer as a result of the delivery of any of the Services being delayed or postponed for any reason.
11.6 We will not be liable for any accommodation costs, costs of storage of any domestic equipment or other items, or any other expenses You suffer arising from provision of the Services.
11.7 We will not be liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.
11.8 Our total liability for Design Services shall be limited to the amount equal to that part of the Price chargeable for the Design Services;
11.9 Nothing in the Agreement is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
11.10 As a “consumer” as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in the Agreement is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
11.10.1 the Consumer Rights Act 2015;
11.10.2 the Regulations;
11.10.3 the Consumer Protection Act 1987; or
11.10.4 any other consumer protection legislation,
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
12. How We Use Your Personal Information (Data Protection)
12.1 We will only use Your personal data as set out in Our Privacy policy available on our Website.
13. Other Important Terms
13.1 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
13.3 The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
13.4 If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
13.5 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
14. Law and Jurisdiction
14.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
14.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
14.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
SCHEDULE 1
DESIGN SERVICES - ADDITIONAL TERMS AND CONDITIONS
The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)
Initial Consultation
We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the room You should identify this to Us at that consultation. If you have a preference for the position and/or style of your washbasin/s, toilet, bath, shower, airing cupboard, or any other items, You should also identify this to Us at the same time.)
Online consultation
The Design Services will not include taking measurements of Your room or carrying out any structural survey or offering or providing opinions or advice about structural or other building related matters. You therefore agree that the following shall apply:
Provisional Design
After We have the measurements of Your room [and carried out the online consultation], We will produce a Provisional Design in writing for the room and send it to you via email. [The Provisional Design may include alternative suggestions between which you may choose]. The Provisional Design will include the following elements:
· Description and details of the Design outlined within a concept.
· Floor plan for the re-design of the room which includes the layout of the products
[The Provisional Design may also include a curated shopping list, detailing indicative prices because an exact price cannot be produced until You have approved a Final Design and/or We are awaiting prices from a vendor.]
The Provisional Design will only be Our interpretation of Your requirements based on initial information. It will be Our initial suggestion[s] for design of the room, and it is intended to form the basis for further discussion with You and to be subject to one subsequent change to meet Your requirements.
Final Design
Once we have discussed any subsequent changes and formulated the changes. The new design will become final and the design pack will include as described under the services section on our website.
All versions of Our Provisional Design and all designs, illustrations, descriptions, or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items.
Ownership of Rights
Any intellectual property rights in any and all parts of any draft or final Provisional Design, Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your room but You may not copy, reproduce or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.
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