Client terms and conditions of business.
DESIGN BY DECÓRE A Brand of The Smart Edit London Ltd Client handbook - your guide to design, manufacture, installation, client agreement & terms of business
CONTENTS
Welcome to Design by Decóre Our Philosophy Our Promise About This Agreement The Design by Decóre Journey
PART ONE -Foundations 1. Definitions & Interpretation
PART TWO - Design & Planning 2. Our Services 3. Design Process 4. Site Surveys & Measurements 5. Quotations & Pricing
PART THREE -Ordering & Manufacturing 6. Payment Terms 7. Deposits 8. Customer Responsibilities 9. Design Approval 10. Manufacturing Approval 11. Variations
PART FOUR -Delivery, Installation & Completion 12. Lead Times 13. Site Readiness 14. Delivery 15. Storage 16. Installation 17. Practical Completion 18. Snagging 19. Warranty & Aftercare 20. Care & Maintenance
PART FIVE -Changes, Cancellations & Legal Framework 21. Delays & Suspension 22. Cancellation 23. Force Majeure 24. Complaints & Dispute Resolution 25. Intellectual Property 26. Photography & Marketing 27. Privacy & Data Protection 28. Our Responsibility 29. Governing Law 30. Acceptance
PART SIX - Your Ongoing Relationship with Design by Decóre 31. Our Commitment to You 32. Caring for Your Investment 33. Future Additions & Alterations 34. Replacement Components 35. Additional Services 36. Client Referrals 37. Photography & Portfolio 38. Contacting Us
Welcome to Design by Decóre Firstly, thank you for choosing Design by Decóre. Whether we are designing a bespoke kitchen, utility room, boot room, dressing room, home office, media wall or complete interior scheme, we understand that you are making a significant investment in your home. For us, every project is about far more than furniture. It is about creating spaces that improve the way you live, entertain, work and spend time with the people around you. Every project we undertake is individually designed to suit your property, your lifestyle and your aspirations. We believe that outstanding design is achieved through careful planning, honest advice, exceptional craftsmanship and attention to every detail. Our aim is not simply to deliver beautiful cabinetry. Our aim is to provide an enjoyable, organised and professional experience from our very first conversation through to the completion of your project and beyond. This Client Agreement explains how we will work together throughout that journey. It sets out our responsibilities to you, your responsibilities to us and the processes we follow to ensure every project progresses as smoothly as possible. Rather than relying upon unnecessary legal language, we have intentionally written this agreement in clear and straightforward English wherever possible. If anything within this document is unclear, we encourage you to ask us before signing your contract. We would much rather answer questions at the beginning of your project than resolve misunderstandings later. Our commitment is simple. To create exceptional spaces, provide exceptional service and build relationships that last long after your project has been completed. Our Philosophy Everything we do is guided by four principles. Design First Every decision should improve both the beauty and functionality of your home. We believe exceptional interiors begin with understanding how people actually live, rather than simply arranging cabinets within a room. Quality Without Compromise We carefully select manufacturers, suppliers, materials and installation partners who share our commitment to craftsmanship. Every product we recommend is chosen because we genuinely believe it offers the best combination of design, performance and long-term value for your project. Honest Advice Our recommendations will always be based upon what we believe is genuinely best for your home. If we believe there is a better solution, we will recommend it, regardless of whether it is the most commercially beneficial option for our business. Exceptional Service We believe the experience of creating your home should be enjoyable. Professional communication, careful planning and clear expectations are just as important as the finished result. Our Promise When you choose Design by Decóre, you can expect us to uphold the following commitments throughout your project. We will listen before we design. Understanding how you use your home is the foundation of every successful project. We will take time to understand your priorities, preferences and aspirations before recommending any design solution. We will communicate openly. We will keep you informed throughout your project and discuss changes, challenges or unforeseen circumstances honestly and promptly. We will respect your home. Every member of our team, together with any contractors engaged by us, will endeavour to treat your home with professionalism, courtesy and care at all times. We will never knowingly compromise on quality. Every recommendation we make will be based upon achieving the highest practical standard within your agreed budget. We will stand behind our work. If something genuinely requires our attention, we will work with you to resolve it professionally, fairly and in accordance with our contractual and legal obligations. About This Agreement This Client Agreement forms part of every contract entered into between: The Smart Edit London Ltd Trading as Design by Decóre ("Design by Decóre", "we", "our" or "us") and the individual or organisation identified within the accepted quotation, proposal or contract ("you", "your" or "the Customer"). This Agreement should always be read together with: • Your accepted quotation or proposal. • Your project specification. • Approved drawings and visualisations. • Manufacturing approvals. • Payment schedule. • Any written variations. • Warranty documentation. • Care and maintenance guidance. • Any other document expressly incorporated into your contract. Together these documents form the complete agreement between both parties. Where a specific written provision contained within your accepted quotation or signed project agreement differs from these standard Terms, the signed project agreement shall take precedence. Nothing contained within this Agreement limits or removes any statutory rights available to consumers under the laws of England and Wales. Why We Have This Agreement Every Design by Decóre project is individually designed and, in most cases, manufactured specifically for a particular property. Unlike products purchased from a retail shelf, bespoke cabinetry, worktops and associated products often cannot be resold once manufacturing has begun. For that reason, it is important that both parties understand from the outset: • what is included within the agreed scope of works; • how decisions and approvals are managed; • when payments become due; • how design changes are handled; • what happens if circumstances change during the project; and • how any concerns will be resolved. This Agreement has been written to provide clarity, transparency and confidence throughout your project. The Design by Decóre Journey Every project follows the same structured process. Discover We begin by understanding your home, your lifestyle, your aspirations and the practical requirements of your project. Define Layouts, materials, appliances, finishes and budgets are developed into a cohesive design tailored specifically to your property. Design Detailed drawings, technical information, specifications and visualisations are prepared before manufacture is authorised. Deliver Following your approval, your project moves into manufacture, coordination, delivery and installation. Throughout this stage we will continue communicating with you regarding progress and any significant updates. Enjoy Once your project has been completed, we remain available to provide aftercare, warranty support and ongoing advice whenever reasonably required.
PART ONE
Definitions & Interpretation 1. Definitions Throughout this Agreement, the following words and expressions have the meanings set out below unless the context requires otherwise. Agreement means this Client Agreement & Terms of Business together with all documents forming part of the Contract. Approval means written confirmation provided by the Customer authorising the next stage of the project, including Design Approval, Manufacturing Approval or approval of a Variation. Business Day means any day other than a Saturday, Sunday or public holiday in England. Contract means the legally binding agreement formed between Design by Decóre and the Customer upon acceptance of the Proposal. Customer means the individual or organisation purchasing goods or services from Design by Decóre. Completion means the stage at which the agreed works have been substantially completed and are capable of being used for their intended purpose, notwithstanding any minor snagging items. Design Approval means written confirmation from the Customer that the proposed layout, specification and design have been accepted. Goods means all cabinetry, furniture, worktops, appliances, lighting, hardware, accessories and any other physical products supplied under the Contract. Installation means the fitting of Goods where expressly included within the Contract. Manufacturer means any third-party company responsible for producing Goods supplied by Design by Decóre. Manufacturing Approval means the Customer's final written authorisation permitting bespoke manufacture to commence. Practical Completion means the date upon which the Project is substantially complete and capable of normal use, subject only to the rectification of minor snagging items. Project means the complete package of goods and services described within the Proposal. Proposal means the written quotation, design presentation or specification accepted by the Customer. Scope of Works means the goods and services specifically included within the Contract. Site means the property at which the Goods are to be delivered and installed. Variation means any change to the agreed design, specification, materials, products, services or programme after the Contract has been accepted. 2. Interpretation Unless the context requires otherwise: a. references to the singular include the plural and vice versa; b. headings are included for convenience only and do not affect the interpretation of this Agreement; c. references to legislation include any amendment, replacement or re-enactment of that legislation; d. any obligation requiring written approval includes approval provided by email unless otherwise stated; e. where the words "including", "includes" or "such as" are used, they are illustrative only and shall not limit the general meaning of the words preceding them; f. any reference to a person includes an individual, partnership, company or other legal entity; g. where this Agreement requires something to be done within a reasonable time, this shall mean as soon as reasonably practicable having regard to the circumstances of the Project.
PART TWO
Design & Planning "Great projects are built upon thoughtful planning. This section explains how we develop your project from the initial concept through to the point where it is ready for manufacture." 3. Our Services 3.1 Our Approach Every Design by Decóre project is individually designed around your home, lifestyle and personal requirements. Unlike mass-produced furniture or standard kitchen retailers, our projects are not selected from pre-designed layouts. Every design is developed specifically for your property, taking into consideration the available space, architecture, functionality, aesthetics and budget. Our objective is to deliver an interior that balances exceptional design, practicality and longterm quality. 3.2 Services We May Provide Depending upon the scope of your individual project, our services may include one or more of the following: Design Consultation Initial consultations to understand your objectives, lifestyle, budget and design aspirations. Site Surveys Measuring and assessing the property to establish accurate dimensions and identify any practical considerations affecting the design. Interior Design Preparation of layouts, cabinetry designs, furniture arrangements and interior concepts. Space Planning Development of practical room layouts to maximise functionality and circulation. Furniture Design Design of bespoke cabinetry, storage solutions and fitted furniture. Material Specification Selection and specification of cabinetry finishes, worktops, handles, hardware, appliances, lighting and associated products. Appliance Specification Advice regarding suitable appliances and integration within the overall design. Technical Drawings Preparation of detailed drawings suitable for manufacture, installation and coordination with builders and other trades. Visualisations Preparation of three-dimensional renders and presentation imagery to help communicate the proposed design. Project Coordination Where agreed within your Proposal, coordination of manufacturers, suppliers, installers and specialist contractors throughout the Project. Supply of Products Supply of cabinetry, worktops, appliances, sinks, taps, lighting and associated products where included within the Contract. Installation Professional installation of products where expressly included within your Contract. Aftercare Warranty support together with ongoing customer assistance following completion. 3.3 Scope of Services Your individual Proposal will clearly identify which of the above services are included within your Contract. Any service not expressly identified within your Proposal should be regarded as excluded unless subsequently agreed in writing. 3.4 Third-Party Services Certain aspects of your Project may involve specialist contractors or suppliers, including but not limited to: • Stone fabricators • Appliance manufacturers • Electricians • Gas engineers • Plumbers • Flooring contractors • Decorators • Builders • Structural engineers Your Proposal will identify whether these services are: a. supplied directly by Design by Decóre as part of our Contract; or b. contracted directly between you and the third-party supplier. Where you appoint a contractor directly, responsibility for their workmanship, programme, pricing and contractual obligations remains with that contractor. 3.5 Professional Recommendations Throughout the Project we may recommend products, materials or construction methods based upon our professional experience. Unless specifically stated otherwise, such recommendations are intended as professional guidance rather than engineering, structural or regulatory certification. Where specialist advice is required, we may recommend consultation with an appropriately qualified professional. 4. Design Process 4.1 Collaboration Every project is developed collaboratively. We encourage discussion throughout the design stage to ensure the final proposal reflects both your practical requirements and your aesthetic preferences. The design process is intended to refine ideas progressively rather than produce a finished solution immediately. 4.2 Design Stages Unless otherwise agreed, projects generally progress through the following stages: Stage One Discovery Consultation Understanding your objectives, lifestyle, budget and aspirations. Stage Two Concept Design Preparation of initial layouts and design concepts. Stage Three Design Development Refining layouts, materials, appliances, finishes and storage solutions. Stage Four Presentation Presentation of the developed design together with visualisations, indicative costs and recommendations where applicable. Stage Five Technical Development Preparation of manufacturing information following acceptance of the proposed design. Stage Six Manufacturing Approval Final review and written approval prior to manufacture commencing. 4.3 Design Revisions Your Proposal will specify the number of design revisions included within your agreed design service. Minor amendments forming part of the normal design development process are included. However, significant redesigns, repeated revisions beyond those included or changes which fundamentally alter the agreed design brief may incur additional design fees. Where additional fees become applicable, we will always discuss and agree these with you before carrying out the additional work. 4.4 Design Freeze To maintain manufacturing programmes and minimise unnecessary costs, the design will eventually reach a point where further changes are no longer practical. This stage is known as Design Freeze. Following Design Freeze: • Manufacturing drawings are prepared. • Suppliers may begin ordering materials. • Production schedules are reserved. • Manufacturing Approval will be requested. Changes requested after Design Freeze may: • delay manufacture; • increase costs; • require replacement drawings; • require products to be remanufactured; or • become impossible to implement. Where changes remain possible, we will provide details of any additional costs and programme implications before proceeding. 4.5 Visualisations Computer-generated images, renders and visualisations are produced to assist your understanding of the proposed design. Whilst prepared with reasonable care, they should not be interpreted as photographic representations of the completed Project. Variations may occur due to: • lighting conditions; • photography; • monitor settings; • natural material variation; • manufacturing processes; • installation tolerances. 4.6 Samples Material samples are provided to assist your selection process. Unless expressly stated otherwise, samples are representative only. Natural timber, stone, veneer, painted finishes and other materials may vary in colour, texture, grain, veining and appearance between samples and the finished products. Such variations are natural characteristics rather than defects. 5. Site Surveys & Measurements 5.1 Initial Measurements Initial dimensions may be taken to prepare indicative layouts and quotations. Where manufacturing depends upon precise dimensions, a final site survey will normally be undertaken before manufacture begins. 5.2 Customer Information We rely upon information provided by you and, where applicable, your architect, builder or other professional advisers. You agree to inform us of any matter that may reasonably affect the Project, including: • structural alterations; • planning restrictions; • listed building requirements; • service locations; • underfloor heating; • changes to floor levels; • ventilation requirements; • building works by others; • access restrictions. 5.3 Reliance Upon Third-Party Information Where drawings, dimensions or other information are supplied by third parties and have not been independently verified by us, we are entitled to rely upon that information when preparing designs. We cannot accept responsibility for additional costs arising solely from inaccurate information supplied by others. 5.4 Final Manufacturing Survey Unless otherwise agreed, manufacture of bespoke products will not normally commence until: • the site is sufficiently complete; • final measurements have been verified; • Manufacturing Approval has been received; and • the relevant stage payment has been made. 5.5 Changes After Survey Should the property be altered after our final survey has been completed, including changes to walls, floors, ceilings, structural openings or service locations, any resulting redesign, remanufacture or additional site work may constitute a Variation and may incur additional cost. 6. Quotations & Pricing 6.1 Validity Unless otherwise stated, quotations remain valid for 30 days from the date of issue. Following expiry, we reserve the right to review pricing to reflect changes in supplier costs, exchange rates or product availability. 6.2 Fixed Pricing Once accepted, your Contract Price shall remain fixed for the agreed Scope of Works unless varied in accordance with this Agreement. 6.3 What Is Included Your Proposal will clearly identify the goods and services included within your Contract. Any item not specifically listed should be regarded as excluded. 6.4 Provisional Items Where an allowance has been included for products yet to be selected, such allowances are estimates only. The Contract Price will be adjusted to reflect the actual products selected. 6.5 Variations Should you request changes after acceptance of the Proposal, we will provide a written Variation setting out: • the revised scope; • any change in price; • any programme implications; and • any revised lead times. No Variation will proceed without your written approval.
PART THREE
Ordering & Manufacturing "This section explains how your project moves from an approved design into manufacture. It covers payments, approvals, design changes and the responsibilities of both parties during this important stage." 7. Payment Terms 7.1 Our Payment Philosophy Every Design by Decóre project is individually manufactured and often involves reserving production capacity, ordering bespoke materials and coordinating multiple specialist suppliers. For this reason, payments are made in stages that reflect the progress of your project rather than a single payment at completion. Our payment schedule is designed to protect both parties by ensuring that work completed and costs committed are funded fairly throughout the project. 7.2 Contract Price The total Contract Price will be clearly stated within your accepted Proposal. Unless otherwise stated, the Contract Price includes only those goods and services expressly identified within the agreed Scope of Works. 7.3 VAT Unless expressly stated otherwise, all prices are exclusive of VAT. VAT will be charged at the prevailing rate applicable at the time of invoicing. Should VAT legislation change after the Contract has been entered into, the applicable statutory rate will apply. 7.4 Payment Schedule Your Proposal will include a payment schedule specific to your Project. Unless otherwise agreed in writing, payments will generally be made in the following stages. Initial Deposit Payable upon acceptance of the Proposal. This secures your project within our design programme and enables work to commence. Manufacturing Payment Payable following Manufacturing Approval and prior to bespoke manufacture commencing. This payment enables production capacity to be reserved and bespoke materials to be ordered. Final Balance Payable prior to delivery or on Practical Completion where expressly agreed within the Contract. The applicable payment stages for your individual Project will always be confirmed within your Proposal. 7.5 Due Dates Invoices shall become payable on the date stated within the relevant invoice. Payments must be received as cleared funds before the next stage of the Project will normally proceed. 7.6 Accepted Payment Methods Payments may be made using the methods detailed on our invoices. Any charges imposed by banks or payment providers remain the responsibility of the party incurring those charges unless otherwise agreed. 7.7 Late Payments Should payment not be received by the due date, we will contact you in the first instance to understand whether there is a genuine issue requiring discussion. Where payment remains outstanding without reasonable explanation, we reserve the right to: • suspend further work; • postpone manufacture; • postpone delivery; • postpone installation; • withhold release of goods; or • recover reasonable costs associated with the delay where permitted by law. For commercial (business-to-business) contracts, we also reserve the right to charge statutory interest and recover compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, where applicable. For consumer contracts, any recovery of interest or costs will only be sought where permitted by law and where fair and proportionate. 7.8 Payment Disputes If you believe an invoice is incorrect, you should notify us as soon as reasonably practicable. Where part of an invoice is genuinely disputed, any undisputed amount should still be paid by the due date. Both parties agree to work together in good faith to resolve any genuine payment dispute promptly. 7.9 Ownership of Goods Ownership of Goods supplied under this Contract shall remain with Design by Decóre until payment has been received in full. However, responsibility for the Goods will pass to the Customer in accordance with Clause 15 (Delivery) unless otherwise stated within this Agreement. Nothing in this clause affects your statutory rights as a consumer. 8. Deposits 8.1 Purpose of the Deposit Your initial deposit secures design time, project management resources and manufacturing capacity. It also contributes towards work undertaken prior to manufacture, including: • consultations; • design development; • site surveys; • technical drawings; • administration; • supplier coordination; • project planning. 8.2 Reservation of Production Capacity Upon receipt of your deposit we may reserve production slots with our manufacturing partners. As these reservations have commercial value, deposits are not automatically refundable simply because a customer later decides not to proceed. 8.3 Fair Treatment Should your Contract be cancelled, any amount retained from your deposit will always reflect the actual work undertaken, costs incurred and commitments entered into on your behalf. We will never retain sums that are excessive, punitive or inconsistent with applicable consumer law. 8.4 Design Fees Where a separate design fee has been agreed, the Proposal will state whether that fee is: • refundable; • deductible from the Contract Price; or • payable independently of any future order. 9. Customer Responsibilities A successful project depends upon both parties working together. Throughout your Project you agree to: 9.1 Provide information honestly and accurately. 9.2 Review drawings, specifications and approvals carefully before providing written approval. 9.3 Respond promptly to requests for information that may affect manufacturing or installation programmes. 9.4 Ensure reasonable access to the Site for surveys, deliveries and installation. 9.5 Ensure other contractors working on your property provide information reasonably required to coordinate the Project. 9.6 Notify us promptly if circumstances change that may affect the agreed design, programme or installation. 9.7 Ensure the property is reasonably prepared for installation in accordance with Clause 14. 9.8 Take reasonable care of Goods following delivery and installation. 10. Design Approval 10.1 Design Review Before manufacture can begin, you will be provided with the opportunity to review the final design documentation. This may include: • layouts; • elevations; • dimensions; • appliance specifications; • worktop layouts; • material selections; • finishes; • colours; • storage solutions; • lighting details; • visible end panels; • fillers; • trims; • other Project-specific selections. 10.2 Importance of Approval Your written Design Approval confirms that you have reviewed the design documentation and are satisfied that it accurately reflects your requirements. For this reason, we strongly encourage you to examine every drawing carefully before approval is given. 10.3 Queries Should anything appear unclear or inconsistent, please contact us before approving the design. We will always be pleased to explain drawings, dimensions or technical information before manufacture begins. 11. Manufacturing Approval 11.1 Final Approval Manufacturing Approval represents the final stage before bespoke production commences. Following Manufacturing Approval: • production slots may be reserved; • bespoke materials may be ordered; • cabinetry may enter manufacture; • worktops may be scheduled; • supplier commitments may become irreversible. 11.2 Changes After Approval Once Manufacturing Approval has been given, changes may no longer be possible. Where changes remain possible, they may result in: • additional costs; • revised lead times; • remanufacture; • replacement materials; • supplier charges; • programme delays. We will always advise you of these implications before undertaking any agreed change. 11.3 Design Freeze Manufacturing Approval constitutes Design Freeze. Following this point, the approved documentation becomes the basis for manufacture. 12. Variations 12.1 Requesting Changes You may request changes to your Project before manufacture. All requested changes will be assessed for technical feasibility before acceptance. 12.2 Written Variations Where a change affects: • price; • specification; • programme; • lead time; • manufacture; or • installation, we will issue a written Variation setting out: • the revised work; • additional or reduced costs; • revised programme; • revised completion dates (where applicable). No Variation shall proceed until approved in writing. 12.3 Variations During Installation Occasionally additional work may become desirable or necessary once installation has commenced. Examples include: • additional cabinetry; • electrical alterations; • decorative panels; • remedial building works; • additional shelving; • upgraded products. Such work will always be discussed before being instructed. 12.4 Hidden Building Conditions Should previously unknown conditions be discovered during installation, including structural defects, water damage, unsafe wiring, inadequate plumbing or other concealed issues, installation may need to pause until the issue has been resolved. Where additional work falls outside our agreed Scope of Works, we will explain the options available and provide a quotation before undertaking any additional chargeable work. 12.5 Customer Delays Where the Customer requests a delay to the Project after manufacturing has been scheduled, we will make reasonable efforts to accommodate the revised programme. However, prolonged delays may result in: • revised manufacturing dates; • revised installation dates; • storage charges; • supplier rescheduling costs; or • revised pricing where delays exceed 90 days and supplier costs have materially changed. Any such adjustments will always be explained in advance and limited to what is reasonable in the circumstances.
PART FOUR
Delivery, Installation & Completion "This section explains how your project is delivered, installed, completed and handed over. It also explains how snagging, warranties and aftercare are managed." 13. Lead Times 13.1 Estimated Programme Any design, manufacturing, delivery or installation programme provided by Design by Decóre is an estimate unless expressly confirmed in writing as a guaranteed date. Whilst every reasonable effort will be made to meet the agreed programme, bespoke manufacturing involves multiple suppliers and specialist trades, meaning occasional delays may occur outside either party's control. 13.2 Programme Commencement Estimated lead times normally commence only when all of the following have been completed: • Design Approval has been received. • Manufacturing Approval has been received. • Final site measurements have been completed where required. • The Manufacturing Payment has been received as cleared funds. • All information reasonably required to proceed has been provided. 13.3 Customer Delays Where delays arise because approvals, information or access have not been provided by the Customer, the programme may be adjusted accordingly. We will always make reasonable efforts to minimise disruption and agree revised timescales. 13.4 Supplier Delays Where delays arise due to manufacturers, transport providers or specialist suppliers, we will keep you informed as soon as reasonably practicable and work with our supply chain to minimise the impact upon your Project. 14. Site Readiness 14.1 Customer Responsibilities Before delivery or installation, the Site should be reasonably ready to receive the Goods. Unless otherwise agreed, this includes: • structural works completed; • plastering completed and sufficiently dry; • first fix services completed; • flooring prepared where appropriate; • access routes clear; • safe working environment available; • adequate lighting and electrical power; • reasonable access to water where required. 14.2 Delayed Site Readiness Should the Site not be ready on the agreed installation date, we will work with you to agree a revised programme. However, where additional costs are reasonably incurred due to aborted visits, repeated attendance or supplier rescheduling, we reserve the right to recover those reasonable costs. Any such costs will be discussed with you before being charged wherever reasonably practicable. 14.3 Safe Working Environment We reserve the right to postpone delivery or installation where the Site presents an unreasonable risk to health or safety until the issue has been resolved. 15. Delivery 15.1 Delivery Arrangements Delivery dates will be agreed with you in advance wherever reasonably practicable. You agree to ensure reasonable access is available for delivery vehicles and installation teams. 15.2 Access Restrictions You should notify us before delivery if there are any circumstances that may affect access, including: • restricted parking; • narrow roads; • low bridges; • stair access; • listed buildings; • controlled parking zones; • restricted delivery times. Failure to notify us may result in additional costs where specialist transport or repeat deliveries become necessary. 15.3 Risk Risk in the Goods passes to the Customer upon delivery or collection, unless otherwise required by law. Ownership of the Goods remains with Design by Decóre until payment has been received in full in accordance with Clause 7. 16. Storage 16.1 Complimentary Storage Where reasonably possible, we may provide up to 14 days' complimentary storage following the agreed delivery date if your Project is unexpectedly delayed. This remains entirely at our discretion and is subject to warehouse capacity. 16.2 Extended Storage Where Goods require storage beyond the complimentary period, we reserve the right to charge reasonable storage fees. These charges will reflect the actual costs of secure storage, insurance and handling. We will notify you before any storage charges become payable. 16.3 Extended Project Delays Where a Project is delayed by the Customer for more than 90 days, we reserve the right to review: • manufacturing schedules; • delivery programmes; • supplier availability; and • pricing where supplier costs have materially increased. Any adjustment will be limited to what is fair and reasonable in the circumstances. 17. Installation 17.1 Installation Services Installation is included only where expressly stated within your Proposal. Where included, installation will be carried out using appropriately skilled installers working to recognised industry standards. 17.2 Working Hours Unless otherwise agreed, installation will normally be carried out during standard weekday working hours. 17.3 Care of Property We will take reasonable care to protect your property throughout installation. However, certain installation activities necessarily involve drilling, cutting, lifting and movement of heavy materials. Whilst every reasonable precaution is taken, minor making good may occasionally be required following installation or associated building works. 17.4 Existing Services Whilst reasonable care will always be taken, we cannot accept responsibility for concealed pipes, cables or services whose locations could not reasonably have been identified before work commenced. 17.5 Customer-Appointed Contractors Where installation is undertaken by contractors appointed directly by the Customer, responsibility for their workmanship, methods and programme rests entirely with those contractors. Our warranty does not extend to defects arising from incorrect installation carried out by others. 18. Practical Completion 18.1 Practical Completion Practical Completion occurs when the Project has been substantially completed and is capable of being used for its intended purpose. Minor cosmetic items or snagging items shall not normally prevent Practical Completion. 18.2 Completion Inspection Where installation is included within our Contract, we will invite you to inspect the completed works with us wherever reasonably practicable. This inspection provides an opportunity to identify any outstanding snagging items requiring attention. 18.3 Completion Certificate Where appropriate, both parties may sign a Practical Completion Certificate confirming that: • the Project has reached Practical Completion; • any agreed snagging items have been recorded; and • the Project has entered the aftercare period. 19. Snagging 19.1 Snagging Items Minor adjustments are a normal part of bespoke furniture installation. Examples may include: • hinge adjustments; • drawer alignment; • silicone finishing; • paint touch-ups; • minor cosmetic refinements; • replacement of damaged transport components. 19.2 Reporting Snagging Any defects or incomplete items should be reported as soon as reasonably practicable after completion, preferably supported by photographs. 19.3 Completion Payment The existence of minor snagging items shall not entitle the Customer to withhold payment where the Project has otherwise reached Practical Completion. We remain committed to completing legitimate snagging items within a reasonable period. 19.4 Bespoke Replacement Components Where replacement components require manufacture, completion of snagging may depend upon supplier lead times. We will keep you informed throughout this process. 20. Warranty & Aftercare 20.1 Our Commitment We take great pride in the quality of our workmanship and the products we supply. Should any genuine defect arise during the applicable warranty period, we will investigate promptly and take appropriate action in accordance with our obligations under this Agreement. 20.2 Manufacturer Warranties Certain products, including appliances, lighting, hinges, drawer systems and specialist components, may also benefit from separate manufacturer warranties. These warranties are provided by the relevant manufacturer and remain subject to their individual terms and conditions. 20.3 Warranty Exclusions Unless otherwise required by law, our warranty does not normally extend to issues arising from: • accidental damage; • misuse; • neglect; • inappropriate cleaning products; • excessive moisture or humidity; • movement within the building; • customer alterations; • work carried out by third parties; • failure to follow reasonable care instructions; • normal wear and tear; • natural movement of timber and other natural materials. 20.4 Making a Warranty Claim If you believe a defect has arisen during the warranty period, please contact us promptly with: • your Project reference; • photographs where appropriate; • a description of the issue; and • any relevant supporting information. We will assess the matter and agree an appropriate course of action. 20.5 Aftercare Support Even after your warranty period has expired, we will always endeavour to assist where reasonably possible. Where remedial work falls outside the warranty, we will provide a quotation before undertaking any chargeable work. 21. Care & Maintenance To ensure the longevity of your Project, we recommend following the care and maintenance guidance provided at handover. Natural materials such as timber, stone and painted finishes require routine care and may change subtly over time as part of their natural ageing process. Failure to follow reasonable care instructions may affect warranty coverage where the issue arises directly from incorrect maintenance.
PART FIVE
Changes, Cancellations & Legal Framework "Whilst every project is carefully planned, circumstances can occasionally change. This section explains how changes, cancellations and unforeseen events are managed fairly and transparently for both parties." 22. Delays & Suspension 22.1 Our Commitment We will use all reasonable skill, care and diligence to deliver your Project within the agreed programme. From time to time, circumstances beyond either party's control may affect progress. Where this occurs, we will always communicate openly, explain the situation and work collaboratively to minimise disruption. 22.2 Customer Delays If the Project is delayed because information, approvals, payments or access to the Site are not provided within a reasonable timeframe, we may revise the Project programme accordingly. Examples include: • delayed design approvals; • late material selections; • postponed surveys; • incomplete building works; • unavailable access; • outstanding payments. 22.3 Extended Customer Delays Where a Project is placed on hold at the Customer's request for more than 90 consecutive days, we reserve the right to review: • supplier availability; • manufacturing schedules; • installation dates; • storage requirements; • pricing where supplier costs have materially increased. Any revised costs will be limited to those reasonably incurred as a direct result of the delay and will be discussed with you before proceeding. 22.4 Suspension by Design by Decóre We may suspend the Project where: • payments remain outstanding beyond the agreed due date; • essential approvals have not been received; • health and safety concerns exist; • information required to proceed has not been provided; • continuation would be unlawful or unsafe. Where reasonably practicable, we will give notice before suspending work and provide an opportunity to resolve the issue. 23. Cancellation 23.1 Your Statutory Rights Nothing within this Agreement affects any statutory cancellation rights available to you under applicable consumer legislation. Where such rights apply, they will be honoured in full. 23.2 Cancellation Before Manufacture If you decide not to proceed before Manufacturing Approval has been given, we will calculate the work undertaken up to the date of cancellation. Any refund will take into account: • design work completed; • surveys undertaken; • administration; • supplier commitments; • products already ordered; • any reasonable losses directly resulting from cancellation. We will provide a clear breakdown of any sums retained. 23.3 Cancellation After Manufacturing Approval Following Manufacturing Approval, bespoke manufacture may commence immediately. At this stage: • materials may already have been ordered; • cabinetry may have entered production; • worktops may have been fabricated; • supplier commitments may have become irreversible. As many products are manufactured specifically for your property, cancellation after Manufacturing Approval may result in significant unavoidable costs. Should cancellation occur at this stage, you will remain responsible only for the reasonable costs, commitments and losses directly incurred by Design by Decóre up to the date of cancellation. We will always take reasonable steps to minimise any avoidable loss. 23.4 Cancellation by Design by Decóre We hope this is never necessary. However, we reserve the right to terminate the Contract where: • substantial payments remain outstanding; • the Customer repeatedly prevents the Project from progressing; • abusive, threatening or unlawful behaviour occurs; • the Project becomes impossible to complete for legal or safety reasons. Except where immediate action is necessary, we will always provide reasonable notice and an opportunity to resolve the issue before termination. 24. Force Majeure 24.1 Events Beyond Reasonable Control Neither party shall be responsible for delays or failures caused by events genuinely beyond their reasonable control. Examples include: • severe weather; • flooding; • fire; • pandemic restrictions; • industrial action; • transport disruption; • supplier insolvency; • government action; • war; • civil unrest; • widespread utility failure. 24.2 Communication Where such an event occurs, the affected party shall notify the other as soon as reasonably practicable. Both parties agree to cooperate in finding a practical solution and minimising unnecessary delay wherever possible. 24.3 Long-Term Delay If an event continues for an extended period making completion impracticable, both parties agree to discuss alternative arrangements in good faith. Nothing within this clause affects any statutory rights available under applicable law. 25. Complaints & Dispute Resolution 25.1 Our Commitment We genuinely value our reputation and strive to resolve concerns promptly, professionally and fairly. Most issues can be resolved quickly through open communication, and we encourage Customers to contact us as soon as a concern arises. 25.2 Raising a Concern Should you have any concern regarding your Project, please contact us in writing, providing: • your name; • Project address; • description of the issue; • photographs where appropriate; • any supporting information. This enables us to investigate efficiently. 25.3 Our Response We aim to: • acknowledge your correspondence promptly; • investigate fairly; • keep you informed; • propose an appropriate resolution within a reasonable timeframe. 25.4 Alternative Dispute Resolution If a dispute cannot be resolved through discussion, both parties agree to consider an appropriate form of Alternative Dispute Resolution (ADR), such as mediation, before commencing legal proceedings, where suitable and proportionate. Nothing in this clause prevents either party from exercising their legal rights where court proceedings become necessary. 26. Intellectual Property 26.1 Ownership All drawings, concepts, layouts, renders, specifications, mood boards, presentations and other design material prepared by Design by Decóre remain our intellectual property unless otherwise agreed in writing. 26.2 Permitted Use Following payment of all applicable design fees and Contract sums, you may use the drawings and information supplied solely for the purpose of completing and maintaining your own Project. 26.3 Restrictions Our designs may not be: • reproduced commercially; • sold; • copied for another property; • used by another designer or manufacturer for commercial gain, without our prior written consent. 27. Photography & Marketing We are incredibly proud of the projects we create and may ask your permission to photograph or film the completed Project for use within our portfolio, website, social media or marketing material. We will always seek your permission before doing so. We will never publish your personal information or identify your address without your express consent. If you would prefer your Project not to be photographed or shared, we will fully respect your wishes. 28. Privacy & Data Protection We are committed to protecting your personal information. Personal data will be processed in accordance with applicable UK data protection legislation and our Privacy Policy. Information will only be shared with manufacturers, suppliers, installers and professional advisers where reasonably necessary to fulfil your Contract. We will never sell your personal information to third parties. 29. Our Responsibility Nothing within this Agreement excludes or limits liability where doing so would be unlawful. This includes liability for: • death or personal injury caused by negligence; • fraud or fraudulent misrepresentation; • any other liability that cannot legally be excluded. Where we are responsible for loss arising from our breach of this Agreement, our liability shall be limited to losses that are reasonably foreseeable. We shall not be responsible for losses resulting from: • inaccurate information supplied by others; • work undertaken by contractors appointed directly by the Customer; • misuse of the Goods; • failure to follow reasonable care instructions; • matters outside our reasonable control. Nothing within this clause affects your statutory consumer rights. 30. Governing Law This Agreement shall be governed by the laws of England and Wales. Any legal proceedings may be brought in the courts available to the Customer under applicable law. Nothing within this Agreement limits any mandatory rights available under consumer legislation. 31. Acceptance By accepting our Proposal, signing our Contract or otherwise instructing Design by Decóre to proceed, you confirm that: • you have received this Client Agreement before entering into the Contract; • you have had the opportunity to read and understand it; • you understand that many of the Goods supplied are bespoke and manufactured specifically for your property; • you understand the agreed payment schedule; • you understand the approval process prior to manufacture; and • you agree that this Client Agreement forms part of the Contract between both parties.
PART SIX
Your Ongoing Relationship with Design by Decóre "Our relationship doesn't end when your project is complete. This final section explains the support, guidance and commitment you can continue to expect from us after handover." 32. Our Commitment to You Choosing a bespoke kitchen or fitted interior is a significant investment, and we believe our responsibility extends beyond the day your project is completed. Our objective is not simply to manufacture and install beautiful cabinetry. It is to create spaces that continue to bring enjoyment, functionality and value to your home for many years to come. We are proud of every project we complete and remain committed to supporting our clients whenever reasonably required. Whether you need advice, replacement components, additional cabinetry or assistance under warranty, we will always endeavour to help promptly, professionally and fairly. 33. Caring for Your Investment Your cabinetry has been designed and manufactured to provide many years of reliable service. Like any high-quality furniture, it will benefit from routine care and maintenance. At handover you will receive guidance covering: • Cleaning recommendations • Care of painted finishes • Timber care • Quartz and stone worktops • Hinges and drawer systems • Appliances • Ventilation and moisture management • General maintenance recommendations Following these recommendations will help ensure your furniture continues to perform as intended. 34. Future Additions & Alterations Many of our clients return to us as their homes evolve. Whether you wish to extend an existing kitchen, add fitted furniture to another room or undertake a complete renovation, we will be pleased to discuss future projects with you. Where possible, we will endeavour to source matching materials and finishes for previous projects. Please note that exact colour matching cannot always be guaranteed due to natural ageing, manufacturing changes and product development. 35. Replacement Components Should replacement components become necessary in the future, we will make every reasonable effort to source matching parts. Availability will depend upon: • manufacturer production; • product lifecycle; • material availability; and • changes made by third-party suppliers. Where original components are no longer available, we will recommend the closest suitable alternative. 36. Additional Services As your trusted design partner, we may also be able to assist with future services including: • Additional fitted furniture • Utility rooms • Boot rooms • Dressing rooms • Home offices • Media units • Interior alterations • Appliance upgrades • Replacement worktops • Home styling advice Availability may vary depending on our current programme and supplier network. 37. Client Referrals Much of our work comes from personal recommendation. If you have enjoyed working with Design by Decóre, we would be incredibly grateful if you recommended us to your family, friends or colleagues. There is no greater compliment than a client choosing to recommend our work to others. 38. Photography & Portfolio Where permission has been granted, completed projects may be professionally photographed after completion. These photographs help future clients understand the quality of our work and inspire new projects. We will always respect your privacy and any preferences regarding photography or publication. 39. Contacting Us Should you require assistance following completion of your project, please contact us using the details below.
Design by Decóre A Brand of The Smart Edit London Ltd info@thesmartedit.com www.thesmartedit.com
Please include your: • Name • Property address • Approximate installation date • Description of your enquiry • Photographs where appropriate This allows us to respond as efficiently as possible.
Thank You
Thank you for placing your trust in Design by Decóre. We understand that inviting someone into your home and investing in a bespoke interior is an important decision. We never take that trust for granted. Every member of our team is committed to delivering thoughtful design, exceptional craftsmanship and outstanding service throughout every stage of your project. We hope your new space brings enjoyment to you and your family for many years to come, and we look forward to working with you again in the future.
On behalf of everyone at Design by Decóre, Thank you.