Terms and Conditions
These Terms and Conditions apply to all Services provided by Isobel Star (Interior Design), a sole trader in England, UK (referred to as “we/us/our/me/my/I”).
1. Definitions and Interpretation
1.1 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 me, 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, including e-products such as e-books and virtual services, to be provided by me to you as detailed in our Proposal or as ordered by you via my Website;
“Proposal” means my estimate for providing the interior design Services, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes my 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 me to you as detailed in our Proposal; and
“Website” means www.isobelstar.co.uk
1.2 Each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails and text messages;
1.2.2 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;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4 a clause is a reference to a clause of these Terms and Conditions; and
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
1.4 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. How the Contract is Formed
2.1 These Terms and Conditions govern the sale of all Services and Products provided by me and will form the basis of the Contract between you and me.
2.2 Following our initial contact/consultation, I will provide you with a Proposal for the Services and/or Products you have requested. This will be based on the brief given by you at this initial contact/consultation (or received in an email). All details of the project or any relevant information must be given to me fully and to the best of your knowledge. A legally binding Contract between you and me will be created when you accept our Proposal or book a consultation. Before accepting our Proposal or booking a consultation, 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 me 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.
2.3 You may be able to purchase Services and/or Products directly from my Website. In this event, my Website will guide you through the ordering process. Your order constitutes a contractual offer that I may, at my sole discretion, accept. All orders are subject to acceptance by me and I will confirm such acceptance to you by sending you an email that confirms that the order has been successfully processed (“the Order Confirmation”). The Contract between us will only be formed when I send you the Order Confirmation. The Order Confirmation will contain full details of the Service[s]/ Product(s) ordered, the price (including any taxes and other additional charges), and where applicable, the estimated date on which the Service[s]/Product(s) will be delivered.
2.4 Any Proposal I may send is based on the information provided to me at the time I prepare it. If any errors or discrepancies become evident which affect the price, I reserve the right to make adjustments to it.
3. Full Interior Design Services (excludes consultancy services)
3.1 I will ensure that my Services are provided with reasonable care and skill and in accordance with best trade practice. My Services, and any guidance I 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.
3.2 I will provide you with a number of designs which will need to be approved by you in writing. I will accommodate a maximum of two revisions to your chosen design. Any further alterations, any changes to the original brief, any changes required after you have approved the design, works required outside of normal working hours (Monday to Friday, 10am – 4pm excluding bank holidays) or any additional visits required above the allowance included for in our Proposal will be chargeable at my hourly rate applicable at the time. This
3.3 If you require any additional services after accepting my Proposal, I will provide you with a further Proposal, which must be accepted by you in writing before we will proceed.
3.4 I 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.
3.5 It is your responsibility to check all dimensions and measurements set out in any plans I provide and it is the builder or contractor’s responsibility to report any discrepancies to me prior to any construction or building work starting.
3.6 If I am asked to provide lighting, heating, flooring or other plans, I 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 I have created is safe and practical.
3.7 I will provide my designs and plans digitally and have included for this in my Proposal. If you require printed materials, I will charge for my costs in providing these.
3.8 I 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.
3.9 I may agree to coordinate the ordering of products for your design. I cannot be held responsible for arranging repairs, replacements, returns or freight claims for purchases you have made. I 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 I select or propose.
3.10 If I agree to meet with you, I reserve the right to charge for my mileage and travelling time. Mileage will be charged at 90p per mile unless otherwise agreed. I require a minimum of 48 hours’ notice if the agreed meeting date or time is to be changed. If I receive less than 48 hours’ notice, I reserve the right to charge for any costs incurred by me.
3.11 Any timescales I provide are for guidance only and are not of the essence of the Contract.
4. Consultancy & Virtual Services
4.1 I will ensure that my Services are provided with reasonable care and skill and in accordance with best trade practice. My Services, and any guidance I 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.
4.2 Virtual services are an online service only. All recommendations are regarded as concepts to improve the aesthetic of your space and are not intended for construction services.
4.3 You are responsible for confirming the accuracy and completeness of any information that is provided.
4.4 Floor plan measurements and details are for illustration purposes only, and as such, the floor plan or any related materials that illustrate the arrangement or placement of recommended items is intended to be used solely as a rough sketch to demonstrate the suggested placement or arrangement of recommended items.
4.5 Objects depicted in floor plans or any related materials that illustrate the arrangement or placement of recommended items will be chosen as an “approximate match” to represent finish and items. Colours, sizes and other details may not be exact.
4.6 You agree to correspond strictly through online communication using email and previously arranged calls unless otherwise agreed in writing. You agree to pay my hourly rate for unscheduled phone calls, and texts not previously agreed, and any services or advice you may require from me outside of our prearranged service agreements.
4.6 I will not be responsible for the means, methods or procedures of the construction, fabrication, delivery & installation, or safety precautions in connections with any consultancy or virtual project.
4.7 Product sourcing is limited to certain countries.
4.8 In the event that you have a space that is a combination-use room (i.e. living room/dining room combination), virtual service pricing may be altered to reflect the scope of work required.
4.9 Two design revisions are included in most virtual concept/ layout packages (not applicable to timed services). Additional revisions beyond those included are available at additional cost to be agreed upon in writing.
4.10 I cannot guarantee the prices or long-term availability of merchandise listed or recommended to you.
4.11 I cannot be held responsible for arranging repairs, replacement or freight claims for purchases made in conjunction with recommendations from your consultancy/virtual project.
4.12 I shall have the right to document project notes, boards, and photos, which may be used for portfolio, blog, social media, public display and similar publicity purposes. Your first name and location may be used in connection with the documentation unless specified to the contrary. Your data will be held in accordance with my Privacy Policy. In addition, if you apply the tips and suggestions given and document these changes, I must be given credit as the consultant for the project if your documentation is released to the public.
4.13 If I am asked to provide lighting, heating, flooring or other plans, I 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 I have created is safe and practical.
4.14 I will provide my designs and plans digitally. If you require printed materials, I will charge for the associated costs in providing these.
4.15 I may provide suggestions for products or other services to be provided to you 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.
4.16 I may agree to coordinate the ordering of products for your design. I cannot be held responsible for arranging repairs, replacements, returns or freight claims for purchases you have made. I 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 I select or propose.
4.17 If I agree to meet with you, I reserve the right to charge for my mileage and travelling time. Mileage will be charged at 90p per mile unless otherwise agreed and travel time is charged at a third of my hourly rate, rounded up to the nearest hour. I require a minimum of 48 hours’ notice if the agreed meeting date or time is to be changed. If I receive less than 48 hours’ notice, you will be liable for the full cost.
4.18 Any timescales I provide are for guidance only and are not of the essence of our contract or agreement.
5. Price and Payment
5.1 My standard payment terms for services over £1000 are as follows:
5.2 50% of the quoted fee is payable as a deposit once our Proposal is accepted. I will be unable to commence the works until this deposit has been paid in full;
5.3 The remaining quoted fee (if any) is payable on completion of the design and before any drawings and plans I have produced are sent to you or your chosen contractors to begin the works, where applicable.
5.4 I reserve the right to issue additional progress invoices and the final invoice at any time, if the Services are delayed through no fault of my own. I also reserve the right to request 100% of the quoted fee up front at my sole discretion, and for all projects under £1000, and will specify this in the Proposal.
5.5 The Services will be deemed complete, and the final invoice will be issued, once my design has been provided. I may include for additional advice and support for a maximum of 2 weeks after I have issued the final documents and if this is the case, I will set this out in the Proposal. If you require further support, this will be chargeable at my standard hourly rate.
5.6 Unless otherwise agreed, my hourly rates are £118 per hour.
5.7 All invoices are payable immediately or within 7 calendar days from the date of invoice, without set-off, withholding or deduction.
5.8 I make all reasonable efforts to ensure that any prices shown on my Website are correct at the time of going online. In the unlikely event that I have shown incorrect pricing information, I will contact you in writing to inform you of the mistake.
5.9 If you do not make payment to me by the due date, I will stop providing my 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 me to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
5.10 Should the works be delayed or postponed for a period of 6 months or more in any one stage, through no fault of my own, I reserve the right to review and amend my fees and will notify you of this.
5.11 All payments must be made using my chosen payment method, such as direct bank transfer, unless agreed prior in writing. I will ensure you are sent up to date information to transfer funds. It is your responsibility to check that any transfers you make go to the correct account.
6. Cancellation Within the Cooling Off Period
6.1 If you are a Consumer in the European Union or United Kingdom, you have a statutory right to a “cooling off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.
6.2 In the case of Services, this period begins once the Contract between you and I is formed and ends at the end of 14 calendar days after that date. If you wish to cancel the Contract within the cooling off period, you should inform me immediately by post or email.
6.3 If you wish for my Services to start within the cooling off period, you must make an express request for me to do so. You acknowledge and agree that if you do so, you will lose your right to cancel if my Services are completed within the 14 day cooling off period. If I have begun providing my Services, you will be required to pay for the Services I have provided up to the point at which you inform me of your wish to cancel.
6.4 Refunds will be issued to you within 14 calendar days from the day on which I receive your notice of cancellation.
7. Cancellation After the Cooling Off Period and for Business Clients
7.1 After the expiry of the cooling off period set out in clause 8 or if you are not a Consumer, you are required to provide me with a minimum of 14 days’ written notice if you wish to cancel the Contract. In the event of cancellation, I will invoice you for the Services provided up to the date of cancellation. Upon receipt of payment, I will hand over all works completed by me up to the date of cancellation in relation to the Contract.
7.2 Either Party may cancel the Contract immediately if the other:
7.2.1 has committed a material breach of this Contract, unless the breach is capable of remedy, in which case this right to terminate will be exercisable if the other Party has failed to remedy the breach within 14 days after a written notice to do so; or
7.2.2 goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
7.3 Cancellation of the Contract for any reason will not affect the rights and liabilities of the Parties already accrued at that time and any clauses that are stated to continue in force after termination will not be affected.
7.4 I will be working with the client’s budget. On occasion, freight and delivery charges are not known until the end of the lead-time. Prices of furnishings and other products are subject to change. I cannot be held liable for additional or unforeseen costs.
7.5 Delays due to contractors/builders or site delays whilst I am undertaking a project management role cannot be claimed against me.
8. Variations and Amendments
8.1 If you wish to vary the Services to be provided or the brief changes from the Services stipulated in the Proposal, you must notify me in writing as soon as possible. I will use all reasonable efforts to make any required changes and will invoice you for any additional costs incurred as a result.
8.2 If, due to circumstances beyond my control, I have to make any change in the arrangements relating to the provision of the Services, I shall notify you immediately. I will endeavour to keep such changes to a minimum and shall seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
8.3 Any agreed variation or amendment will be carried out in accordance with these Terms and Conditions and any price increase necessitated as a result of an agreed variation or amendment shall be payable in accordance with the terms for payment herein.
9. My Liability
9.1 I will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of my negligence. Loss or damage is foreseeable if it is an obvious consequence of my breach or negligence or if it is contemplated by you and I when the Contract is created. I will not be responsible for any loss or damage that is not foreseeable.
9.2 If you are not a Consumer, I will not be responsible to you for any loss of profit, loss of business, interruption to business, loss of any business opportunity or for any other indirect or consequential loss. In the event of a breach by me of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you for the Services.
9.3 I will use my own exclusive judgement when deciding upon artistic factors required for the provision of the Services. To the extent permissible by law, I will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
9.4 Nothing in these Terms and Conditions seeks to exclude or limit my liability for death or personal injury caused by my negligence (including that of my employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.5 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, where applicable. For more details on your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
9.6 I include for Public and Products Liability and Professional Indemnity Insurance. Details are available on request.
9.7 I may provide referrals or recommendations to other companies. Please be aware that I may receive commission payments from these companies. However, the decision regarding their suitability rests with you and I accept no liability for their actions or lack of actions.
9.8 I cannot be held responsible for issues or defects in my Services where I have relied on information provided by you or other companies instructed by you.
9.9 No action or proceedings against me arising out of, or in connection with, our Agreement shall be commenced after the period of 6 months from completion of the Project or of the Services, whichever is the earlier.
10. Intellectual Property Rights
10.1 I own (and retain) all intellectual property rights subsisting in any and all designs I create and all content on my Website.
10.1 Provided payment is made in accordance with the terms of payment above, I will grant you a non-exclusive licence to use the intellectual property the subject of the Contract, only for the purposes for which I am engaged by you. The licence will become effective once the final design is provided. You may not sub-licence these intellectual property rights without my prior written permission.
10.2 I reserve the right to take such actions as may be appropriate to restrain or prevent infringement of my intellectual property rights.
10.3 Any licence granted shall be automatically revoked if you breach any of these terms and conditions or if the Contract is cancelled in accordance with clauses 7, 8 or 9.
10.4 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 my express permission.
10.5 I will issue designs in my standard, non-editable format only. If you require CAD or other information which could be manipulated by others, please inform me in advance. I will only issue these at my sole discretion and subject to the acceptance of my Professional Indemnity insurers and this will be chargeable (typically at the remaining fee for the total project phase).
10.6 You warrant that any document given to me will not cause me to infringe the intellectual property or other legal rights of any third party.
10.7 I reserve the right to use any design created by me and take photographs of the property for my own promotional purposes. Please advise me when accepting my Proposal if you do not agree to this.
11. Events Outside of My Control (Force Majeure): I will not be liable for any failure or delay in performing my obligations where that failure or delay results from any cause that is beyond my 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, pandemic, epidemic or other natural disaster, or any other event that is beyond my control.
12. Complaints and Feedback
12.1 I always welcome feedback from my clients and, whilst I always use all reasonable endeavours to ensure that your experience as a client of mine is a positive one, I nevertheless want to hear from you if you have any cause for complaint.
12.2 If you wish to provide feedback about any aspect of your dealings with me, please contact me in writing in the first instance. I will respond to you within 14 working days.
13. How I Use Your Personal Information: All personal information that I 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”), the UK Data Protection Act 2018 or any other relevant data protection regulation where applicable.
14. Other Important Terms
14.1 I may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if I sell my business). If this occurs you will be informed by me in writing. Your rights under these Terms and Conditions will not be affected and my obligations under these Terms will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without my express written permission.
14.3 The Contract is between you and I. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
14.5 No failure or delay by me in exercising any of my rights under these Terms and Conditions means that I have waived that right, and no waiver by me of a breach of any provision of these Terms and Conditions means that I will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions (and the Contract), including any non-contractual matters and obligations arising from them or associated with them, will be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between you and I relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising from them or associated with them) will fall within the jurisdiction of the courts of England and Wales.