Terms and Conditions
066ta// Pascale Grenie Design
Please read all these terms and conditions.
This website is owned and maintained by Pascale Grenié, a sole trader registered in England under UTR number 9919782127, whose registered address is at 8 Hinton Drive, Bristol, England (referred to as “we/us/our”).
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing you are not happy with.
- DEFNITIONS AND INTERPRETATIONS
THE FOLLOWING DEFINITIONS AND RULES OF INTERPRETATION APPLY IN THESE CONDITIONS.
Associated Works: any installation and building (including decoration) to be carried out on Site but not the responsibility of the Designer.
Brief: the statements and materials assembled by the Client to summarise the Client’s express requirements and to address the Client’s preferences, priorities, budget and schedule for the project.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Client: the person or entity who purchases the Goods and/or Services from the Designer, as named in the Order Form.
Commencement Date: the date the Order Form is signed by both parties.
Conditions: these terms and conditions as amended from time to time in accordance with Clause 15.4.
Contract: the legally-binding agreement formed between you and us, for the supply of the Services and Products;
Data Protection Legislation: the Data Protection Act 1998 and any subsequent legislation which supplements or replaces this Act.
Deposit: the non-refundable deposit as specified in the Order Form.
Design Cost: the fee for the Design Proposal as set out in the Order Form.
Designer: Pascale Grenié – sole trader.
Design Services : services including design of the scheme plus a space planning proposal with floor plan and elevations, with 1 major revision and minor modifications included, electrical and lighting plans for the final layout chosen by the Client.
Fees: the fee for installation of the Design Proposal as set out in the Order Form.
Final Design Proposal: the document agreed with the Client detailing the specifications of the Goods and/or Services to be supplied to the Client to include the materials, goods, services, costings and specific instructions.
Final Presentation: the point at which the Designers present the Design Proposal to the Client.
Force Majeure: circumstance beyond a party’s reasonable control including, but not limited to, actions of subcontractors and suppliers.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Products: where applicable, means the products, including e-products such as e-books and courses, to be provided by us to you as detailed in our Proposal or as ordered by you via our Website;
Quote / 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: the interior design services to be provided by us to you as detailed in our Proposal;
Site: the location as specified in the Order Form as the designated delivery and installation address.
Site Survey: the necessary checks that the Designer will carry out on Site before starting the Design Process.
2. Terms of Commitment
If you do not agree to these terms, please do not use this site or purchase our Services.
Any signature of a quote or an order form implies acceptance of these terms and conditions and instantly engages both parties.
3.1. Pascale Grenié offers Services in space planning and interior design to homeowners and small business owners.
– Free online initial video call for a duration of 30 minutes
– A 2-hour On Site or online consultation where we get the brief from the Client, look the existant and provide first recommendations regardring space planning, colours, style, ambiance, materials and other general ideas of interior design specific to the space.
– Design Services including a Site Survey, plus a design of the scheme with sketch and 3D plan, sample board and FF&E shopping list, plus a space planning proposal with floor plan and elevations, with 1 major revision and minor modifications included, plus electrical and lighting plans for the final layout chosen by the Client. The Client can choose to hire the Designer for the space planning design only or both Space Planning and Design concept. The Client cannot hire the Designer for the Design Concept without the Space Planning option.
The Design Services can only be purchased after the on-Site/online consultation.
– The CALL MY DESIGNER Service, a prepaid package of 5 video calls of 30 minutes, either through Whatsapp Video or Zoom or any other convenient video tool both agreed by the Designer and the Client.
– The LET’S GET IT DONE Service, a prepaid package of weekly calls of 30 minutes through Whatsapp Video or Zoom or any other convenient video tool both agreed by the Designer and the Client. Package of either 2 weekly calls, 4 weekly calls, or 4 fortnightly calls. An initial meeting is included to determine the scale of the project and the amount of time realistically necessary to achieve the project.
3.2. The description of the Services and any Products is as set out in the Website, brochures or other forms of advertisement. Any description is for illustrative purposes only.
3.3. Following our on-site consultation, we will provide you with a Quote for the Design Services you have requested. This will be based on the brief given by you (or received in our welcome questionnaire). 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 Quote. Before accepting our Quote, 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.
4. Terms of purchase
4.1. Our services can be purchased by contacting us via the links available on the Website. Our Website will guide you through the ordering process.
4.2. Your order constitutes a contractual offer that we may, at our sole discretion, accept. All orders are subject to acceptance by us and we 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 we send you the Order Confirmation. The Order Confirmation will contain full details of the Service(s) and Product(s) ordered, the price (including any taxes and other additional charges), and where applicable, the estimated date on which the Service(s) and Product(s) will be delivered.
4.3. The Client will be able to make payment of the Services once we send them the invoice payable online or through bank transfer.
4.4. If the Client wishes to pay cash, they might do so on the date of the appointment, with a prior written request from the Client and written confirmation from the Designer that this is the payment method agreed. However we do not accept cash payments exceeding £500.
5. How to make appointments
5.1. Appointments for our free Discovery Call, On-Site consultation, and Call My Designer Service can be made directly through the Website, through our links redirecting to our SimplyBookMe web page.
5.2. For the other services (Site Survey for the Design Services, included meetings in the package, and LET’S GET IT DONE weekly calls, appointments will be agreed by both parties once the Quote has been accepted and signed by the Client or when appropriate during the delivery of the Service.
6. SUPPLY OF GOODS AND/OR SERVICES
6.1. All Services which appear on the Website are subject to availability.
6.2. 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.
6.3. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered. If changes needed to be made, a contract amendment will be issued.
6.4. For our Designs Services, we will provide you with a number of designs which will need to be approved by you in writing. We will accommodate a maximum of two major 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 our normal working hours (Monday to Thursday, 9am – 6.00 pm excluding bank holidays) or any additional visits required above the allowance included for in our Proposal will be chargeable at a fixed price, calculated according to the estimate amount of time required for the project.
6.5. 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.
6.6. 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.
6.7. Any samples, drawings, descriptive matter or advertising issued by the Designer, and any descriptions or illustrations contained in the Designer’s (or other third party) catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Goods and/or Services described in them. They shall not form part of the Contract or have any contractual force, and remains the property of the Designer.
6.8. Any drawings and plans supplied by the Designer shall be non-technical and should not be scaled from or used as working drawings in any instance. Any CAD Visuals (i.e. room perspectives) supplied are intended to provide an impression of the finished room/s only and may not be fully representative by depicting similar and not exact items to those actually specified. Any furniture drawings and/or bespoke interior feature design drawings shall be conceptual only and subject to counter working drawings to be provided by the associated manufacturer and/or contractor upon commission.
6.9. 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.
6.10. We will provide our designs and plans digitally and as printed materials if requested by the Client.
6.11. 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.
6.12. If we agree to meet with you, we reserve the right to charge for our mileage and travelling time. Mileage will be charged at 90p per mile for a return trip, beyond the 10 miles radius from BS30 already included in the price. We require a minimum of 24 hours’ notice if the agreed meeting date or time is to be changed.
6.13. Any timescales we provide are for guidance only and are not of the essence of the Contract.
6.14. We shall not be responsible for any Associated Works. In the event that any Associated Works on the Site affects the Design Proposal, we shall:
(a) be entitled to a reasonable extension of time and, where applicable, to additional payment for any increased costs incurred;
(b) not be responsible in respect of any defects in, or delays to, the completion of the Design Proposal or Design Installation.
7. Customer responsibilities
7.1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives to access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
7.2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Service until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
8. Fees and Payment terms
8.1. Any quote or estimate of fees is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.Our company is not VAT registered, and as such our Fees do not include VAT.
8.2. 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 Products 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.
If we discover an error in the price or description of the Products 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.
8.3. Additional travel costs may be charged to the Client, with regard to the location of the Site. They will be indicated on the Quote.
8.4. All orders placed via our Website must always be paid for in advance and will be taken when we process your order and send you an Order Confirmation (this usually occurs immediately and you will be shown a message confirming your payment). All payments have to be made either by bank transfer or using our chosen payment gateway provider, such as Stripe. Payments will go through this payment gateway provider’s website. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and the payment gateway provider and we cannot be held responsible for their actions or lack of actions.
8.5. Our standard payment terms for projects are as follows:
For quotes or fees less than or equal to £500, 100% of the quoted fee is payable in advance. We will be unable to commence the works until the payment is received in full;
For quotes over £500, 50% of the quoted fee payable in advance, unless otherwise detailed in the fee proposal and agreed by both parties. We will be unable to commence the works until the agreed initial payment is received in full. 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 or your chosen contractors to begin the works, where applicable.
8.6. Payment for the Service is made according to the terms detailed in the Quote and the related invoice. The Client may make payment by cash or bank transfer, within 7 days of receipt of the invoice delivered by hand, sent by post or e-mail.
8.7. Any Service is subject to the payment of a deposit or payment in full in order to be started.
8.8. Our On-site consultation, call My Designer and Let’s get it Done services have a fixed rate. After the Client makes the booking through the Website or an enquiry through e-mail, an invoice will be issued. The payment has to be made maximum 24 hours prior to the appointment. If not, the appointment will be cancelled, without this cancellation being able to be disputed by the Client.
8.9. Fees for Design Services are based on an hourly rate. If the Client purchases Design Services from Pascale Grenié, the amount of the On-Site consultation will be deducted from the Fee.
8.10 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.
8.11. 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 2 weeks after we have issued the final documents and if this is the case, we will set this out our Proposal. If you require further support, this will be chargeable through the purchase of a CALL MY DESIGNER package.
No Service can be completed and no Design Document handed to the Client if the payment in full has not been made.
8.12. 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.
8.13. We reserve the right to suspend our service in the event of non-payment or late payment. We notably reserves the right to refuse to perform any service on behalf of a client who has not fully or partially paid for a previous service, or with whom a payment dispute is in progress.
8.14. 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 request the payment of the costs related to the work already done by us, and to pause any further work until the project is resumed.
9. Cancellation Within the Cooling Off Period
9.1. If you are a Consumer, 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.
9.2. In the case of Services, this period begins once the Contract between you and us 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 us immediately by post or email.
9.3. If you wish for our Services to start within the cooling off period, you must make an express request for us to do so. You acknowledge and agree that if you do so, you will lose your right to cancel if our Services are completed within the 14 day cooling off period. If we have begun providing our Services, you will be required to pay for the Services we have provided up to the point at which you inform us of your wish to cancel.
9.4. If you wish to exercise your right to cancel, you may inform us of your cancellation in any way you wish. To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired. If you do so, we will refund any sums paid to us under the Contract within 14 days, using the same method you used to make payment, unless you request otherwise.
10. Cancellation After the Cooling Off Period
10.1. After the expiry of the cooling off period set out in clause 9, you are required to provide us with a minimum of 14 days’ written notice if you wish to cancel the Contract. In the event of cancellation, we will invoice you for the Services provided up to the date of cancellation. Upon receipt of payment, we will hand over all works completed by us up to the date of cancellation in relation to the Contract.
10.2. Either Party may cancel the Contract immediately if the other 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 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.
10.3. 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 effected.
10.4. Delays due to contractors/builders or site delays whilst we are undertaking a project management role cannot be claimed against us.
11. Our Liability
11.1. We 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 our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
11.2. If you are not a Consumer, we 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 us 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.
11.3. We will use our own exclusive judgement when deciding upon artistic factors required for the provision of the Services. To the extent permissible by law, we 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.
11.4. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11.5. 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.
11.6. We include for Public Liability and Professional Indemnity Insurance. Details are available on request.
11.7. We may provide referrals or recommendations to other companies. Please be aware that we may receive commission payments from these companies. However, the decision regarding their suitability rests with you and we accept no liability for their actions or lack of actions.
11.8. We cannot be held responsible for issues or defects in our Services where we have relied on information provided by you or other companies instructed by you.
12. Intellectual Property Rights
12.1. We own (and retain) all intellectual property rights subsisting in any and all designs we create and all content on our Website.
12.2. 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. 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.
12.3. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.
12.4. 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 our express permission.
12.5. 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).
12.6. 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.
12.7. 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.
13. Events Outside of Our Control (Force Majeure)
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.
14. Complaints and Feedback
14.1. 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.
14.2. 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.
15. How We Use Your 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.
16. Other Important Terms
16.1. We 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 we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
16.2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
16.3. The Contract is between you and us. 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.
16.4. 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.
16.5. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
17. Governing Law and Jurisdiction
17.1. 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.
17.2. Any dispute, controversy, proceedings or claim between us and you 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.