1.0 Formation of Contract
1.1 These Terms and Conditions together with the estimate of works (“Estimate”) provided by HomeStyle4u which describe the services set out the entire agreement between HomeStyle4u (“HomeStyle4u”) and you (the “Client”) and will apply once an appointment has been made to provide HomeStyle4u services (the “Services”).
1.2 Before instructing HomeStyle4u to provide the Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services
.
2.0 HomeStyle4u Obligations
2.1 HomeStyle4u 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 HomeStyle4u do not accept responsibility for any delay in completion
2.2 By agreement with the client (but not otherwise) HomeStyle4u will be responsible for organising third party companies, firms or individuals (“Third Party Suppliers”) to undertake such work for the Client as may be agreed, such as decorating, building work, carpet fitting, curtain and blind
manufacture and fitting and such other work as confirmed by HomeStyle4u..
3.0 Client Obligations
3.1 The Client shall ensure that the property is accessible to employees of HomeStyle4u and any third party suppliers providing services throughout the duration of works.
3.2 The Client will also ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to HomeStyle4u
.
4.0 Purchasing & Rental of Products
4.1 From time to time, and with the agreement of the Client, HomeStyle4u may purchase products for the Client in addition to the scope of works already proposed. In such cases, full payment of the
agreed purchase price is required from the Client prior to purchasing the agreed products.
4.2 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.
5.0 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 the Client, HomeStyle4u 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
5.3 HomeStyle4u 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 HomeStyle4u and communicated to the Client.
6.2 Payment for verbal reports is to be made at the time of the Report.
6.3 Payment for written reports is to be 50% on instruction with balance payable on receipt of confirmation that the Report is complete and prior to delivery of the Report to the Client.
6.4 Payment for all other services will be set out in the payment schedule provided.
6.5 Payments should be made by cash or bank transfer.
6.6 All payments to HomeStyle4u are due immediately upon presentation of invoice, except where the invoice is sent via post where payments shall be payable within 10 working days from the date of invoice.
6.7 Interest at the rate of 5% per month shall be payable on all accounts not settled by their due date.
6.8 The interest will be added monthly thereafter from the due date until settlement is received.
6.9 Should HomeStyle4u have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs so incurred.
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 the day on which the Contract is concluded, 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 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 HomeStyle4u by hand or post, or email, at HomeStyle4u’s address, or email address as set out in clause 9.2 below.
7.4 Once the Client has notified HomeStyle4u that the Client is cancelling the Contract, HomeStyle4u 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 HomeStyle4u. The Client will be liable to pay HomeStyle4u 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 the HomeStyle4u Consultants).
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 HomeStyle4u’s right to recover any money owing to it under these terms and conditions.
8.0 Liability
8.1 HomeStyle4u 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 HomeStyle4u 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 HomeStyle4u, 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 HomeStyle4u 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 HomeStyle4u’s negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
9.0 Data protection
9.1 HomeStyle4u 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 HomeStyle4u at the following address: HomeStyle4u, 35 York Avenue, West Kirby, Wirral CH48 3JE or by email: judith@homestyle4u.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 HomeStyle4u in connection with the Services shall belong to HomeStyle4u absolutely and any such materials, documents or items shall be or remain the sole property of HomeStyle4u.
10.2 HomeStyle4u shall be permitted to use photographs of the Client’s property which demonstrate the Services provided by HomeStyle4u for its own 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 HomeStyle4u 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.
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.