These Terms and Conditions apply to all Services provided by, The Avenue Design Studio Ltd. trading as The Avenue Studio, registered at 8 Saint Germains Way, Scothern, Lincoln, LN2 2GG. Registered company number: 13964873 (referred to as “we/us/our”).

1. DEFINITIONS & INTERPRETATION

1. In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:

“Consumer” is as defined in the Consumer Rights Act 2015;

“Contract” means the contract formed between you and us, as detailed in clause 2;

“Client/You/Your” means you, the Consumer, firm or corporate body purchasing the Services;

“Products”, where applicable, means the products, detailed in our Proposal

“Proposal” means our estimate for providing the interior design Services, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of works. This may be by way of a formal fee proposal or an email confirmation.

“Services” means the interior design services to be provided by us to you as detailed in our Proposal

“Website” means https://theavenue.studio

2. Each reference in these Terms and Conditions to:

a. “writing” and “written” includes emails;

b. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

c. “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;

d. a clause is a reference to a clause of these Terms and Conditions; and

e. a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

3. The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.

4. Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.

2. CONTRACT

1. These Terms and Conditions govern the sale of all Services and Products provided by us and will form the basis of the Contract between you and us.

2. We will provide you with a Proposal for the Services you have requested. This will be based on the brief given by you (or received in our welcome questionnaire and initial consultation). All details of the project or any relevant information must be given to us fully and to the best of your knowledge.

A legally binding Contract between you and us will be created when you accept our Proposal. Before accepting our Proposal, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

No terms or conditions issued or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.

Your order constitutes a contractual offer that we may, at our sole discretion, accept.

3. Any Proposal we may send is based on the information provided us at the time we prepare it.

If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to it.

3. INTERIOR DESIGN SERVICES

1. We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice.

Our Services, and any guidance we provide, will be from an interior design perspective only; you must gain specialist advice from architects, building control, structural engineers or other specialist contractors or trades where applicable.

2. If you require any additional services after accepting our Proposal, we will provide you with a further Proposal, which must be accepted by you in writing before we will proceed.

3. We may provide sketches or impressions before or during the provision of the Services.

Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the works to be provided, nor to guarantee specific results and is not to be used for construction purposes unless specifically issued as such.

4. It is your responsibility to check all dimensions and measurements set out in any plans we provide and it is the builder or contractor’s responsibility to report any discrepancies to us prior to any construction or building work starting.

5. If we are asked to provide lighting, heating, flooring or other plans, we will produce these as guidance only from a design point of view.

It will be the relevant contractor’s responsibility to ensure the work from the plans we have created is safe and practical.

We will provide our designs and plans digitally and have included for this in our Proposal.

If you require printed materials, we will charge for our costs in providing these.

6. We may provide suggestions for products or other services to be provided as part of your project. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the relevant supplier is suitable for your needs.

A separate contractual relationship will be created between you and the supplier, under separate terms and conditions. You will be responsible for making arrangements and paying the supplier directly and they will be liable to you directly for their actions or inactions.

7. We may agree to coordinate the ordering of products for your design. We cannot be held responsible for arranging repairs, replacements, returns or freight claims for purchases you have made.

We strive to select furniture and accessories and brands with good reputations; however, will not be held responsible for the quality of any furniture or accessory that we select or propose.

From time to time, we may be offered preferential rates from our suppliers, or commissions for recommending products. In these instances, we reserve the right to choose whether these discounts, or part of these discounts, will be offered to you. We may also take a percentage of these costs at our discretion.

8. Any time-scales we provide are for guidance only and are not of the essence of the Contract.

4. SERVICE AND PAYMENT

1. Our standard payment terms for projects are as follows:

a. We will be unable to commence the works until the agreed deposit is paid in full. In most cases, the deposit is included in the overall Service pricing and collected during order checkout. In rare cases, deposits may be invoiced and paid separately.

b. Where a deposit is included within the Service pricing, the deposit amount will be fixed at £100.00.

2. The remaining quoted fee (if any) is payable on completion of the design and before any drawings and plans we have produced are sent to you.

3. We reserve the right to issue additional progress invoices and the final invoice at any time, if the Services are delayed through no fault of our own. We also reserve the right to request 100% of the quoted fee up front at our sole discretion.

4. The Services will be deemed complete, and the final invoice will be issued, once our design has been provided. We may include for additional advice and support for a maximum of 1 month after we have issued the final documents and if this is the case, we will set this out in our Proposal.

If you require further support, this will be chargeable at our standard hourly rate.

5. Unless otherwise agreed, our hourly rate is £55.

6. We make all reasonable efforts to ensure that any prices shown on our Website are correct at the time of going online. All prices are checked by us before we accept your order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake.

If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, we will give you the option to purchase the Service at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If we do not receive a response from you within 48 hours, we will treat your order as cancelled and notify you of this in writing.

7. If we discover an error in the price or description of the Services on our Website after your order is processed, we will inform you immediately and make all reasonable efforts to correct the error.

You may, however, have the right to cancel the Contract and receive a refund if this happens.

8. If you do not make payment to us by the due date, we will stop providing our Services and will charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, both before or after judgment.

This will not apply if you have promptly contacted us to dispute an invoice in good faith.

No interest will accrue while such a dispute is ongoing.

9. Should the works be delayed or postponed for a period of 6 months or more in any one stage, through no fault of our own, we reserve the right to review and amend our fees and will notify you of this.

5. CANCELLATION

1. Our standard cancellation terms for projects are as follows:

a. Deposits are paid on a non-refundable basis.

b. Where a deposit is included within the Service pricing, the deposit amount will be fixed at £100.00.

c. You have the right to cancel the project in full within 7-days of accepting the Terms and Conditions at no additional charge.

d. Cancellation costs 7-days after signing the Terms and Conditions will be charged at 50% of the total project value between 7-14 days, and 75% of the total project value after 14 days.

6. INTELLECTUAL PROPERTY RIGHTS

1. We own (and retain) all intellectual property rights subsisting in any and all designs we create and all content on our Website.

2. Provided payment is made in accordance with the terms of payment above, we will grant you a non-exclusive licence to use the intellectual property the subject of the Contract, only for the purposes for which we are engaged by you.

3. The licence will become effective once the final design is provided. You may not sub-licence these intellectual property rights without our prior written permission.

4. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.

5. The licence will apply only to the final design and will not extend to any draft concepts, images, designs or other material viewed by you. These cannot be used without our express permission.

6. We will issue designs in our standard, non-editable format only. If you require CAD or other information which could be manipulated by others, please inform us in advance. We will only issue these at our sole discretion and subject to the acceptance of our Professional Indemnity insurers and this will be chargeable (typically at the remaining fee for the total project phase).

7. You warrant that any document given to us will not cause us to infringe the intellectual property or other legal rights of any third party.

8. We reserve the right to use any design created by us and take photographs of the property for our own promotional purposes. Please advise us when accepting our Proposal if you do not agree to this.

7. COMPLAINTS AND FEEDBACK

We always welcome feedback from our clients and, whilst we always use all reasonable endeavours to ensure that your experience as a client of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance. We will respond to your complaint within 14 days.

8. PERSONAL INFORMATION

All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016 (“GDPR”) and your rights under the GDPR.

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.

Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.

Thank you