1. Formation of Contract
1. 1 These Terms and Conditions together with the estimate of works (the “Proposal”) provided by BMc Interior Design, a business located at 3 Rochester Road, Northwood Hills, London (“BMc” or “we”) which describe the services to be provided to you (the “Client” or “you”) by BMc (the “Services”), once signed by you shall constitute a contract between you and BMc (the “Contract”) and set out the entire agreement between the parties.
1.2 Before agreeing to enter into a Contract you should read these terms and conditions carefully.
2. Scope of Work
2.1 BMc agrees to provide interior design and related services as specified in the Proposal.
2.2 Any construction related services and certain other services including decorating, carpet fitting, curtain and blind manufacture and, fitting, will not be carried out by us and will need to be carried out by a third party contractor (whether this be a company, partnership, firm or individual) (“Third Party Supplier”) engaged by you. Further obligations regarding Third Party Suppliers are set out in Clause 4 below.
2.3 We may agree in our Proposal to do any or all of the following:
(a) manage and coordinate Third Party Suppliers to undertake certain work for the Client (“Project Management Services”);
(b) purchase products directly for you (in accordance with the terms set out in Clause 2 below); and / or
(c) assist you in selecting products and / or accompany you on trips to retail stores to assist you in purchasing products.
We will usually charge extra for any of the services set out in this Clause 2.3 (on a time spent basis) and our Proposal will state the charge out rates which shall apply.
2.4 Due to the nature of the interior design business we cannot guarantee that you will always like our recommendations. Interior design work can be subjective. It is for this reason that we cannot provide any refunds in the event that you do not choose any of the designs we produce. Instead, we would ask you to contact us and we will be happy to discuss the design concept further with you and perhaps make further recommendations via phone/email in special cases.
2.5 In the event that you require changes to the scope of work, which impact on the cost of the Services and / or the completion dates, we shall not be required to undertake any additional work until agreement is reached on the additional cost and extension to the work schedule and completion dates.
3. Purchasing and return of purchased items
3.1 Where we need to purchase any products for the Client, the Client shall ensure that we receive full payment in cleared funds of the agreed purchase price plus any value added tax that may be payable on such price prior to us purchasing the agreed products.
3.2 We have the right to add a purchasing and administration charge to the trade price of any items we purchase for you. This is to cover our internal expenses and is compensation for our expertise is selecting the product. We will always advise you of our prices for products up-front, prior to making any purchases.
3.3 All orders placed by us for goods in connection with the Services shall be placed by us as agents for you. Accordingly, your rights in respect to any defects in the goods shall be against the manufacturer. Notwithstanding this, we shall use our reasonable endeavours to assist you.
3.4 In the event that the Client changes its mind regarding the purchase of any product following the placing of an order by us or following delivery of the product to the Client, we shall provide our reasonable assistance to the Client in contacting the supplier to cancel the order and / or seek a replacement and / or full refund. The Client acknowledges and agrees, however, that such assistance does not constitute a guarantee by us that the order will be cancelled or that a replacement or refund will be granted and you agree that we shall have no liability to you regarding this. Further, where we are able to return a product(s) to the supplier:
(a)we reserve the right to charge the Client an administration fee on each item returned equal to the higher of £15 or 10% of the price we charged for the item;
(b) we shall seek to give the Client no less than two alternative options regarding the courier it wishes us to use to return the item(s), the Client shall confirm in writing which courier we shall use and reimburse us for the full amount of the courier fee;
(c) the Client shall ensure that it keeps the original packaging for the item(s)so that it can be repackaged prior to its return;
(d) the Client shall be responsible for and shall hold BMc harmless from and indemnify BMc against any damage that occurs to all products following delivery to the Client and during transit back to the supplier.
3.5 Where we make a recommendation to you to purchase a product through BMc, you do not have to agree to the purchase and we recognise that you may wish to look for and source an alternative product yourselves. In the event, however, that you source and purchase a similar product (to the one we recommended) directly from your supplier, you understand that we have the right, in our absolute discretion, to levy an administration fee on you as compensation for the time we spent searching for the product we recommended, equal to 15% of the price that we quoted for the product in question.
3.6 The Client is responsible for insuring its property, the any works being carried out and all products purchased against all risks, damage or loss, unless and to the extent otherwise agreed with Third Party Suppliers.
4. Programme and completion dates
We will endeavour to advise you of the predicted timescale of works as soon as is possible after the quotes have been produced. All such dates shall be approximate only and we shall not be responsible for any delay in projects or project completion dates.
5. Third Party Suppliers
5.1 The Client will form a contractual relationship with any necessary Third Party Suppliers(defined in Clause 2.2 above) and, unless we are performing Project Management Services, will be responsible for managing these relationships and checking that the scopes of work in these contracts have been correctly carried out.
5.2 You will always be responsible for compliance with the contracts in place with each Third Party Supplier and for ensuring that all payments required to be made under such contracts are correctly made on time. Accordingly, you agree to indemnify and hold us harmless against any liability, damage or loss (whether suffered by you or by a Third Party Supplier) which arises under a contract with a Third Party Supplier.
6. Client Obligations
6.1 You shall ensure that the property for which the design work is being undertaken (the “Property”)is accessible to our employees and any third party suppliers providing services throughout the duration of the works on the giving by us of reasonable advance notice. In the event that we are unable to gain access at a time that was previously agreed with you and we suffer a loss of rates and or fees as a consequence, we reserve the right to charge these to you.
6.2 You will ensure that utilities such as electricity and water are available for use at the Property throughout works and at your cost.
6.3 You shall notify us as soon as you become aware of any circumstances that may cause delays, including delays in providing us with any relevant information we may need to undertake the Services. In the event that delays are caused which stop us undertaking the Services for 48 days or more, we shall be entitled to either suspend the Services or terminate the Contract by serving written notice on you.
6.4 Parking must be arranged or made available for our team or any contractors we engage in providing the Services. Any fees for this are payable by you and you shall also be responsible for all costs of hiring and parking any skip or other necessary equipment or materials.
7. Payment and Billing Terms
7.1 The charges for the Services are set out in the Fee Proposal. In the event that we need to charge value added tax we will state that in our Fee Proposal and / or notify you from time to time and the Client shall be responsible for the payment of such taxes.
7.2 Additional charges which are payable by the Client to BMc shall include:
a) the purchase price for any products purchased pursuant to paragraph 4 above;
b) an hourly charge for time spent accompanying the Client on any shopping trips at the rate of £60 per hour subject to a minimum charge of £60. For the purpose of calculating the time spent all travelling time to and from the shop(s) shall be included.
7.3 Payment should be made by cash or bank transfer. Electronic invoice can be forwarded with payment made from invoice.
7.4 All payments to BMc are due within 10 days of the issue of each invoice. Works may be halted until payment is made.
7.5 Interest at the rate of 5% per calendar month shall be payable on all accounts not settled by their due date.
7.6 The interest will accrue monthly thereafter from the due date until the settlement is received.
7.7 Should we have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs incurred.
8. Cancellation and Termination
8.1 The Client has the right to cancel this 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.
8.2 The Client does not have the right to cancel the Contract if the supply of the Service begins with the Client’s agreement, before the end of the seven working day cancellation period.
8.3 To exercise the right of cancellation the Client must give written notice to BMc by hand or post or email at the BMc address stated in paragraph 1.1 above or by email as set out in your invoice.
8.4 Once we receive written notice from you cancelling the Contract, we will within 30 days refund you any amounts paid to us in advance for any Services not performed and completed.
8.5 Following the seven day period, the Client has the right to terminate the contract at any time by giving us notice in writing. The Client will be liable to pay us for the Services provided up 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).
8.6 BMc and the Client agree to conduct their relationship professionally and in a respectful manner and agree that no verbal or physical abuse of any kind will be tolerated. In the event that either party (the Innocent Party”) suffers any verbal or physical abuse from the other, the Innocent Party shall be entitled to terminate this contract with immediate effect and the provisions of paragraph 8.5 shall apply to such termination.
8.7 Any 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.
8.8 Termination of contract will not affect either party’s accrued rights or duties, including BMc’s right to recover any money owing to it under these terms and conditions.
9.1 We shall have no Liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any information or instruction supplied by you which is or are incomplete, incorrect or inaccurate.
9.2 We shall not be liable to you for (i) any unforeseeable loss or damage arising from the provision (or non-provision) of the Services, (ii) any loss of profit or (iii) any consequential loss or damage.
9.3 Neither BMc, nor the Client shall be liable for any failure to perform its obligations under the Contract due to circumstances beyond its reasonable control, including without limitation, flood, fire, act of God, war, strike or adverse weather conditions.
9.4 To enable us to deal with any complaints that may arise relating to the Services, the Client must provide full details of any complaints within 14 days of the supply of the relevant services.
9.5 Nothing in these Terms and Conditions affects or excludes (i) any liability for death or personal injury caused by BMc's negligence or for fraudulent misrepresentation, or (ii) the Client’s statutory rights as a consumer.
10.1 We collect your data when you place orders with us, make an enquiry or take part in a design service we have a secure system that stores the details you give us.
10.2 We collect your data for sending out samples, giving quotations and advice, delivering goods and providing the best overall customer experience – this can also include sending out newsletters and promotions.
10.3 We never sell or share your data to third parties. We only ever share your data with trusted transport or service companies on your behalf (upon request) when you place an order for us to purchase, so that we can deliver your goods. We will always ask first if we are needed to share any information otherwise. Your questionnaire details are not shared with anyone and only seen by your designer.
10.4 You will need to contact us should you wish to opt out of your data being stored on our system. Please be aware this will result in no further communications and we will be unable to send out samples, offers and any orders of goods.
11.1 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 BMc in connection with the Services shall vest in BMc absolutely and on payment for the Services in full we shall automatically grant you a royalty free non-exclusive licence to use the same strictly for the purpose of carrying out work on the Property.
11.2 BMc shall be permitted to use photographs of the Property which demonstrates the Services provided by BMc
12.1 We may assign the Contract or subcontract all or part of the Services if this is necessary for operational reasons or in connection with a business transfer or re-organisation. Otherwise, the contract is not assignable by either party.
12.3 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.