1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we will supply Services to you.

1.2. Why you should read them. Please read these terms carefully before you enter into a contract with us. These terms tell you who we are, how we will provide Services to you, what to do if there is a problem and other important information.

1.3. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are Vibration Interiors Limited, a company registered in England and Wales. Our company registration number is 12545400 and our registered office is at 87 Burlington Road, New Malden KT3 4LP England.

2.2. How to contact us. You can contact us by email at hello@vibrationinteriors.com or by writing to us at 87 Burlington Road, New Malden, KT3 4LP England.

2.3. How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the E-Design questionnaire or the contact form on our website www.vibrationinteriors.com.

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. When this contract is made. This contract constitutes an offer by us to provide the Services to you. The contract is made when we both sign the Letter of Appointment.

4. WHAT WE REQUIRE FROM YOU

4.1. We cannot deliver the Services until you have:

• completed the E-Design Questionnaire by email or had an initial consultation with us

• provided us with information including photos or video of the Space, a floor plan with accurate dimensions and inspiration photos and

• made payment for the Services

5. OUR OBLIGATIONS

5.1. We shall provide the Services, exercising the skill and care of a diligent professional interior designer providing virtual interior design services.

5.2. Where we discuss your specific design needs, this should not be treated as advice, but guidance and for information only.

5.3. We make reasonable efforts to ensure our Services match your needs, however any plans, drawings, documents, bespoke software, specifications, lists, information and all other work produced by us or on our behalf in the performance of the Services (the Material) that we provide to you are for illustrative purposes only and not to be relied on. The Material is not intended to provide an exact specification for an interior design project nor to guarantee specific results, nor will it necessarily comply with any relevant construction laws, regulations or guidance, whether statutory or nonstatutory.

5.4. We apply a holistic Feng Shui philosophy and seek to achieve harmony and balance when designing the Space.

5.5. Depending on which package of Services you have selected, we will co-operate with other consultants and contractors you have engaged in relation to the Space.

5.6. Where you require, we will co-ordinate and integrate into our Services any designs provided by other consultants you have appointed.

5.7. We offer additional Services including and not limited to virtual de-cluttering sessions, additional virtual mood boards, additional floor plan options and on-going cooperation with other consultants or contractors you have appointed.

5.8. Our fees for additional Services are advertised on our website at https://www.vibrationinteriors.com/services.

5.9. We are able to offer bespoke Services to design your entire property. We will agree a fee with you and can accept payment by regular instalments which will be set out in the Letter of Appointment attached to these terms.

5.10. Where we recommend other third party products and services that we reasonably believe may assist in implementing your design needs, we make such recommendations in good faith and as your agent, but without offering or implying any warranty as to the fitness of the goods or services.

5.11. Where we provide you with a shopping list of items as part of the Services, we do not guarantee prices or availability of the items listed. If you require us to revise the list, we reserve the right to charge additionally for this.

6. YOUR OBLIGATIONS

6.1. At all times you must rely on your own due diligence in evaluating and seeking to implement our Services.

6.2. Before you commit to colours, fabrics or furniture that we recommend to you as part of the Services, we suggest that you obtain samples and satisfy yourself as to their suitability before ordering and check the dimensions of furniture pieces recommended to you before purchasing.

6.3. It is your responsibility to check any product you order will pass freely into the Space, that they will fit in that Space, can be transported via any door, stairs and doorways and there are no other issues that could add difficulties to delivery or frustrate delivery. If you have any issue with any item you purchase from a third party following our recommendations, your only remedies are against that third party and we shall have no liability.

7. INTELLECTUAL PROPERTY

7.1. We shall own all intellectual property rights in relation to the Services, including copyright, in the Material. We assert our moral rights and all other rights to be identified as the author of the Material.

8. FEES AND PAYMENT

8.1. Where to find the fees for our Services. The fees for our Services are advertised on our website at https://www.vibrationinteriors.com/services and are included on the Letter of Appointment.

8.2. When and how you must pay. We will email you our invoice for the Services you have selected.

8.3. You must make payment in full before we can start providing the Services. We accept payment by bank transfer.

8.4. We expect payment within 14 days of issuing our invoice.

8.5. You must pay all amounts due to us in full without any deduction and you are not entitled to assert any credit, set-off or counterclaim against us to justify withholding payment.

8.6. We do not charge VAT.

9. YOUR RIGHT TO END THE CONTRACT

9.1. Exercising your right to change your mind under the Consumer Contracts Regulations 2013. You have a legal right to change your mind within 14 days after the day we make the contract (the Cooling off Period).

9.2. 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. We may deduct a proportionate amount for the Services we have supplied from any refund of the fees you have paid.

9.3. Your refund will be made within 14 days of your telling us you have changed your mind.

9.4. However, once we have completed the Services you cannot change your mind, even if the Cooling off Period is still running.

9.5. Following the cooling off period, if you request to cancel the contract, you will not receive any refund because the fees for our Services are non-refundable.

9.6. For the avoidance of doubt, where we have agreed you can pay in instalments for our Services and you request to cancel the contract, any payments you have made will not be refunded.

9.7. To end the contract with us please let us know by emailing us at hello@vibrationinteriors.com or write to us at 87 Burlington Road, New Malden KT3 4LP, England.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

10.1. 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.

10.2. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, there was a strong likelihood it might happen.

10.3. 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 or for breach of your legal rights in relation to the Services.

10.4. We are not liable if you consider our holistic Feng Shui approach fails to bring about harmony and balance or any other result you hope to achieve.

10.5. We will not accept any liability or responsibility for furniture or other products ordered by you that are not to your satisfaction and need to be returned or rejected for any reason including but not limited to wrong size, wrong colour or arrive damaged.

10.6. We will not be liable for any losses or damage arising from a breach or failure on the party of a third party consultant, contractor or retailer whether appointed by you following our recommendation or otherwise. You acknowledge and agree that when we make recommendations of consultants, contractors and retailers, we act as a third party referrer and not as a provider of such trades, goods and services. We shall have no liability as to whether such trades, goods and services conform with their description, are free from material defects, are of a satisfactory quality or are fit for any purpose.

10.7. All contractual relations and arrangements concerning the provision of such trades, goods and services are entirely a matter between you and the relevant consultant, contractor and/or retailer. We are in no way responsible or liable for the provision of such services and you indemnify us entirely in respect of the financial consequences of any breach of contract or breach of duty on the part of you or the third party provider in the provision of services.

10.8. We are not liable for business losses. Where we supply our Services to nonconsumers, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1. How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website https://www.vibrationinteriors.com/privacy-policy.

12. OTHER IMPORTANT TERMS

12.1. Neither the Designer nor the Client shall assign or sub-contract the whole or part of this contract without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed.

12.2. 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.

12.3. 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.

12.4. Insurance. The Designer shall obtain professional indemnity and public liability insurance.

12.5. Dispute Resolution. Hopefully there won’t be any disputes but if there is a dispute between us, we both agree that we will use reasonable endeavours to resolve any dispute in good faith. We both agree to attempt to reach an amicable settlement before commencing court proceedings.

12.6. Which laws apply to this contract and where can we bring legal proceedings. These terms are governed by English law and the courts of England and Wales have exclusive jurisdiction to hear disputes in relation to it.