T&C'S

1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we supply our services to you, including goods where relevant.

1.2. Why you should read them. Please read these terms carefully before you submit your request for our services or your order for goods to us. These terms tell you who we are, how we will provide services or goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1. Who we are. We are Aequora Homes & Interiors Ltd, a company registered in England and Wales. Our company registration number is 14004669 and our registered office is 18 Pointers Hill, Westcott, Dorking, England, RH4 3PF

2.2. How to contact us. You can contact us by emailing lisa@aequora.co.uk

2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to us in your request for our services.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1. How we will accept your request for our services or order for our goods. Our acceptance of your request or order will take place when we email or call you to accept it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your request or order. If we are unable to accept your request or order, we will inform you of this in writing and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description on our website, because the particular item (in respect of goods) is out of stock or discontinued, or because we are unable to meet a delivery deadline you have specified.

3.3. Your contract/order number. We will assign a number to your request or order and tell you what it is when we accept your request or order. It will help us if you can tell us this number whenever you contact us about your request or order that we are providing to you.

4. Services

4.1. Initial design consultation. We shall perform an initial consultation as to your requirements before preparing a fee proposal and design brief. As part of the initial consultation, we will examine the project and your requirements.

4.2. Description. Our services will consist of the following:

4.2.1. Design Brief. Following the initial design consultation, we will prepare a substantive fee proposal (as commented further under clause 12.2) and detailed design brief for your approval before undertaking the further services listed in this clause 4.2. Once you have had time to consider the design brief, we can consult further (in person, by phone or in writing) to discuss any changes you require and we shall produce a revised fee proposal. Once you are happy with the fee proposal, we will then issue you with an accompanying invoice. By making requested payment, you are indicating your agreement to the fee proposal and design brief.

4.2.2. Spatial Review. We will prepare a spatial review of the scaled architectural drawings supplied by you for all areas of the project. We will prepare hand drawn conceptual plans and functional requirements for space, furniture and joinery (unless this is not needed as documented in the design brief).

4.2.3. Style Guide. We will prepare a conceptual mood board in the most appropriate presentation format, tailored to your specific requirements as documented in the design brief. We will choose a number of key elements, e.g. furniture, materials, paint colours, lighting, window treatments, accessories, art and so on, to illustrate each area which may use images, hand-drawn sketches or samples. As this guide will be prepared to the design brief, any revisions required will not be included within the agreed pricing and such revisions will be additional services (see below under clause 4.3).

4.2. Additional services. If revisions are required to the above noted services, or if any additional projects or services are needed by you above and beyond those covered in clause

4.3. we will agree a new fee proposal and design brief.

4.4. What we need from you. Unless otherwise agreed in the design brief, we will need the following items from you to perform the services:

4.4.1. Sufficient information to prepare the design brief. We will obtain this information at the initial design consultation.

4.4.2. Scaled architectural plans and elevations (scale 1:50 or 1:100) for the project.

4.4.3. Existing project photos, where available.

4.4.4. Conceptual style images that you may think are relevant.

4.4.5. A detailed inventory, including dimensions and, where available, photos of any existing items to be incorporated in the scheme. If this is not available, this can be produced by Aequora Homes & Interiors Ltd as part of our services.

4.5. Your plans and measurements. We will perform our services to the plans and measurements you have given us. You are responsible for ensuring that these plans and measurements are correct.

4.6. Your other responsibilities. We will require that you:

4.6.1. ensure that your home is safe (if we visit it) and that we and any of our representatives have unimpeded access to them at the times arranged between you and us; and

4.6.2. are available either in person or by telephone at reasonable times to answer any queries that may arise during the carrying out of the services.

4.7. Our standards. Our aim is to provide our services using reasonable care and skill and in compliance with the commonly accepted practices and standards of an interior design consultancy practice. Whilst our hope is that the outcome of the services will give you pleasure for many years to come, no interior design practice can guarantee this and you acknowledge that:

4.7.1. all decisions are yours, even if they are recommended by us;

4.7.2. our services are conceptual only and should be verified with relevant third party suppliers engaged by you to implement the design (if any). Unless agreed in the design brief, we will not liaise with any of the third party suppliers you engage. We will have no liability for any dissatisfaction you may experience because of the way in which the design is implemented by the third party suppliers; and

4.7.3. our services will not be suitable or fit for construction purposes (including planning or building regulation consent). You will need to submit all conceptual drawings and materials to relevant third parties (e.g. architects, structural engineers, builders, local council) for technical interpretation and verification and who will be responsible for the review of all applicable laws, regulations, permissions and compatibility.

4.8. Recommended third party suppliers. Where we recommend third party suppliers for your scheme, we may provide you with links to access such suppliers’ websites or other contact details for you to be able to correspond with or purchase products or services from them. This information is provided for your information only if you decide to purchase any products or services from those third parties you do so solely at your own risk. We cannot make any representation or commitment, and accordingly we cannot be liable, for any third party products or services or your use of them, or your correspondence with any such third party suppliers or any transactions completed, or any contract entered into, by you with any such third party suppliers. Any contract entered into and any transaction completed with any third party is between you and the relevant third party and not us.

4.9. Furniture, Fittings and Equipment (FFE) – Where Aequora Homes & Interiors Ltd has arranged or procured the supply of FFE on behalf of the Client, Aequora Homes & Interiors Ltd is acting solely as an Agent of the Client who will be bound by any terms and conditions imposed by the Supplier which may include restocking fees and non-returnable and non-refundable items. Aequora Homes & Interiors Ltd makes no representations or warranties, implied or express, as to the condition, fitness for purposes or merchantability of any FFE’s sold/supplied to the Client.

5. Goods for sale

5.1. Not just design consultants. Although we are primarily interior design consultants, we do sometimes sell goods.

5.2. Goods may vary slightly from their samples or images. Samples and images of any goods or materials on our website or our guides are for illustrative purposes only. Although we have made every effort to display the colours and textures accurately, your product may vary slightly.

5.3. Packaging may vary. The packaging of the goods may vary from that shown in images on our website.

6. Our rights to make changes

6.1. Minor changes. We may change the services or any goods you order:

6.1.1. to reflect changes in relevant laws and regulatory requirements; and

6.1.2. to implement minor technical adjustments and improvements. These changes will not affect the performed services or your use of the goods ordered.

6.2. More significant changes. We may make changes to any goods for sale on our website or Guides but only after we notify you and give you the opportunity to end the contract before the changes take effect and receive a refund for any goods paid for but not received.

6.3. Changes to these terms. In addition, we may make changes to these terms but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services or goods paid for but not received.

7. Providing the services or goods

7.1. When we will provide the services or goods.

7.1.1. If you are purchasing services. We will begin the services on the date we accept your request for our services by email or telephone (see clause 3.1) The estimated completion date for the services will be outlined in the agreed fee proposal.

7.1.2. If you are buying goods. We will deliver goods to you as soon as reasonably possible and in any event expected delivery time will be stated on your Invoice within 30 days after the day on which we accept your order (unless they are made to order or bespoke goods, in which case we will inform you of the likely lead time) unless we both agree an actual delivery date.

7.2. Delivery costs of goods. The costs of delivery for goods ordered will be as displayed to you on your invoice or website.

7.3. We are not responsible for delays outside our control. If our supply of the services or the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4. Collection by you. If you have asked to collect goods from any of our or our agent’s premises, you can collect them at any time during working hours of 9am to 5pm on weekdays (excluding public holidays).

7.5. If you are not at home when goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.

7.6. If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7. International delivery. We can deliver to countries outside of the UK. However there are restrictions on some goods for certain international destinations. Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination and please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes and we recommend that you contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which our goods are destined and we will not be liable or responsible if you break any such law.

7.8. If you do not allow us access to provide services. If we agree at the design brief stage that we need access to your property to perform the services, if you do not allow us such access as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.

7.9. Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

7.9.1. we have refused to deliver the goods;

7.9.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.9.3. you told us before we accepted your request that delivery within the delivery deadline was essential.

7.10. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.9, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.11. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.9 or clause 7.10, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at lisa@aequora.co.uk for a return label or to arrange collection.

7.12. When you become responsible for the goods. Goods will be your responsibility from the time we deliver them to the address you gave us or you or a carrier organised by you collect them from us.

7.13. When you own goods. You own a product which is goods once we have received payment in full.

7.14. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services or goods to you. If so, this will have been stated in the description of the services or goods on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services or goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.15. Reasons we may suspend the supply of services or goods to you. We may have to suspend the supply of our services or goods to:

7.15.1. deal with technical problems or make minor technical changes;

7.15.2. update the services or goods to reflect changes in relevant laws and regulatory requirements;

7.15.3. make changes to the services or goods as requested by you or notified by us to you (see clause 6).

7.16. Your rights if we suspend the supply of our services. We will contact you in advance to tell you we will be suspending the supply of our services, unless the problem is urgent or an emergency. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

7.17. We may also suspend supply of our services if you do not pay. If you do not pay us for services when you are supposed to (see clause 12.6) and you still do not make payment within three days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of our services. We will not suspend our services where you in good faith dispute any unpaid invoice (see clause 12.8). As well as suspending our services we can also charge you interest on your overdue payments (see clause 12.7).

8. Your rights to end the contract

8.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11.

8.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.

8.1.3. If you have just changed your mind about goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

8.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.2.

8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services or goods which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1. we have told you about an upcoming change to goods or these terms which you do not agree to (see clause 6.2 and clause 6.3);

8.2.2. we have told you about an error in the price or description of the services or product you have requested or ordered and you do not wish to proceed;

8.2.3. there is a risk that the supply of the services or goods may be significantly delayed because of events outside our control;

8.2.4. we have suspended the supply of services for technical reasons, or notify you we are going to suspend them for technical reasons; or

8.2.5. you have a legal right to end the contract because of something we have done wrong.

8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online or off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

8.4.1. goods that are made to your specifications or are clearly personalised (e.g. bespoke furniture made for you);

8.4.2. goods liable to deteriorate or expire rapidly;

8.4.3. services, once these have been completed, even if the cancellation period is still running;

8.4.4. goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

8.4.5. any products which become mixed inseparably with other items after their delivery.

8.5. How long do I have to change my mind? How long you have depends on what you have requested or ordered and how it is delivered.

8.5.1. Have you bought services? If so, you have 14 days after the day we email or call you to confirm we accept your request for our services. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.5.2. Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receive the goods, unless:

8.5.2.1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.

8.5.2.2. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.

9. How to end the contract with us (including if you have changed your mind)

9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1. Email. Email us at: lisa@aequora.co.uk Please provide your name, home address, details of the request or order and, where available, your phone number and email address.

9.1.2. By post. Write to us at Aequora Homes & Interiors Ltd, 18 Pointers Hill, Westcott, Dorking, England, RH4 3PF, including details of what you bought, when you requested, ordered or received it and your name and address.

9.2. Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at (if they are not suitable for posting) or arrange delivery (unless we are legally required to collect them). Please email lisa@aequora.co.uk for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3. When we will pay the costs of return. We will pay the costs of return:

9.3.1. if the products are faulty or misdescribed;

9.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

9.3.3. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4. How we will refund you. We will refund you the price you paid for the products including any refundable delivery costs by the method you used for payment. However, we may make deductions from the price, as described below.

9.5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.5.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.5.3. Where we are providing services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

9.6.1. if the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2; and

9.6.2. in all other cases, your refund will be made within 14 days of your telling us you have changed your mind

10. Our rights to end the contract

10.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:

10.1.1. you do not make any payment to us when it is due and you still do not make payment within 28 days of us reminding you that payment is due;

10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services or goods, for example, dimensions, plans as agreed in the design brief, etc.;

10.1.3. you do not, within a reasonable time, allow us to deliver goods to you or collect them from us; or

10.1.4. you do not, within a reasonable time, allow us access to your premises to supply the services as agreed in the design brief.

10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3. We may withdraw the services. We may write to you to let you know that we are going to stop providing our services. We will let you know at least seven days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for the services which will not be provided.

11. If there is a problem with the services or goods

11.1. How to tell us about problems. If you have any questions or complaints about our services or the goods supplied, please contact us. You can email us at lisa@aequora.co.uk

11.2. Summary of your legal rights. We are under a legal duty to supply good and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is services, for example interior design, the Consumer Rights Act 2015 says:

· you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

· if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

· if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

· up to 30 days: if your goods are faulty, then you can get an immediate refund.

· up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3. Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email lisa@aequora.co.uk for a return label.

12. Price and payment

12.1. Substantive fee proposal for design services. After the initial design consultation, if we are willing to offer to perform the design services that you require, we shall provide you with a written fee proposal for carrying out our full services at the same time as we deliver the design brief to you. This quotation will be valid for one month from its date. Any changes agreed to the design brief (in accordance with clause 4.2(a)) may result in a change to the fee proposal. Once the design brief and the fee proposal are agreed, we will issue you with an invoice and all prices will be fixed (and will include VAT where applicable) but please note that fees for additional services will be chargeable as detailed in clause 4.3 if you want us to go above and beyond the agreed design brief.

12.2. How we calculate our fees. All of our fee proposals for our services (including additional services) are based upon the hourly rate (which includes VAT where applicable) of our designers which we will advise you of. We may, in our discretion, depart from this for some elements of our services but this is generally the basis of how we calculate the fees for our services.

12.3. Where to find the price for the goods. The prices for the goods we sell (which includes VAT where applicable) will be the price indicated on the website when you placed your order or detailed on a guide or Invoice. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 12.5 for what happens if we discover an error in the price you request or order.

12.4. We will pass on changes in the rate of VAT. If the rate of VAT changes or becomes applicable between your request or order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.5. What happens if we got the price wrong. It is always possible that, despite our efforts, some of our offerings may be incorrectly priced. We will normally check prices before accepting your request or order so that, where the correct price at your request or order date is less than our stated price at your request or order date, we will charge the lower amount. If the correct price at your request or order date is higher than the price stated to you, we will contact you for your instructions before we accept your request or order. If we accept and process your request or order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.6. When you must pay and how you must pay. We only accept payment directly into our bank account, details of which we will supply you on request. When you must pay depends on what you are buying:

For services, you must make the payments in accordance with the issued invoice. You must pay each invoice within seven calendar days after the date of the invoice.
For goods, you must pay for the products before we dispatch them (except if they are bespoke goods where we will require payment in advance). We will not charge your credit or debit card until we dispatch the products to you.

12.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13 Our responsibility for loss or damage suffered by you

13.6 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987

13.8 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.9 We are not liable for business losses. We only supply our services and goods for domestic and private use. If you use them for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14 Confidentiality and publicity

14.6 Confidentiality. We shall treat all personal and business information supplied by you as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else.

14.7 Publicity. You permit us to photograph our design work and finished project on completion and to use those photographs in our publicity material (including, but not limited to; on our website and social media accounts), provided that we do not disclose details of you (or your family) or your location without your prior written consent.

15 Intellectual property

15.6 Rights in our designs. The copyright and all other intellectual property rights in all designs and artwork drawn up by us as part of our services shall belong to us. You are granted a non-exclusive personal licence to use and permit third party supplier engaged by you to use such intellectual property rights to implement our designs for you but your third party suppliers may not use, and are not permitted, to use such rights for any other person other than you.

15.7 Materials you provide. You shall ensure that we have all rights to use the materials supplied by you under clause 4.4 to perform our services and that they will not infringe any applicable laws, regulations or third party rights (e.g. the copyright of any other person). You will be responsible for any losses, expenses and other costs incurred by us which arise as a result of you failing to obtain the necessary permissions to allow us to use such materials.

16 How we may use your personal information

16.6 How we will use your personal information. We will use the personal information you provide to us:

16.6.1 to supply the services and/or goods to you;

16.6.2 to process your payment; and

16.6.3 if you agreed to this during the request or order process, to give you information about similar services or goods that we provide, but you may stop receiving this at any time by contacting us.

16.7 We may pass your personal information to credit reference agencies. Where we extend credit to you we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

16.8 We will only give your personal information to other third parties where the law either requires or allows us to do so.

17 Other important terms

17.6 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

17.7 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.8 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

17.9 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.10 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.11 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts. If you are not a British citizen, or if you do not reside in the UK, these terms are still governed by English law and you must bring legal proceedings in the English courts unless the laws of your usual place of residence prohibit this or give you other rights in respect of governing law and/or jurisdiction/forum, in which applicable case the governing law shall be the laws of your usual place of residence and/or you can bring proceedings in the courts of your usual place of residence.