Terms & Conditions

Terms & Conditions (Agreement / Contract)

 

This agreement is made between us/we (Revival by Design Ltd) and you (the client) and forms the basis of the contract between us.

 

Scope of Work

The scope of work to be undertaken is as stated within the quote or proposal provided to you by us and in any subsequent quote/budget/pricing or scope of works document provided to you by us.

Anything not specifically stated as included is deemed to be excluded and will incur additional costs/charges should it be required.

 

Right or Licence

No right or licence is granted by us to you for any patent, trademark, copyright, registered design or other intellectual property right, except the right to use the services supplied directly in relation to the project that the services are provided for.  In particular our copyright and intellectual property in any and all designs supplied, remains with us.

 

Drawings & Designs

The provision of any drawings, whether 2D floorplans, 3D renders or shop and detail drawings for manufacture, technical drawings and the like, are provided at our discretion as required for us to carry out the agreed scope of works.

Any drawings that we do provide are conceptual in nature and are intended to set forth design intent only. Unless otherwise stated, they are not intended to be used for the construction of any element and are not necessarily drawn to an accurate scale. Any drawings provided remain solely our property and title.

Where drawings are produced by us for Third Party Supplier(s) to work to, these may be marked as ‘for construction’ but the Third Party Supplier(s) will still be responsible for checking all dimensions and ensuring that any material and/or product used is fit for purpose and will fit in the intended location(s).

Where drawings are required for construction or for manufacture of items procured by us for the project, we will produce shop and detail drawings as required for the sole use of our suppliers and contractors.

Our moodboards and other 2D or 3D visual designs provided, are meant as a tool to communicate our concepts and ideas. They provide an overall theme for the design, a colour scheme that we think works for your space, and a good idea of the “look and feel” of items that can be used to achieve a cohesive and designed feel to your space. They are not a complete design in and of themselves, they are meant as a starting point, to be complimented by further design work to complete the design process. Items shown in the visuals may not be a 100% accurate representation of the pieces(s) that will be used to complete the room(s), they are meant to convey the general look and feel to achieve the design intent, and so pieces in the finished room(s) may differ from what is shown in the visual. Again, we source and install all items to as closely as possible achieve the design intent, working within the confines of the agreed budget and with what is actually available from our trade suppliers and manufacturers.

 

Client Approvals

You must promptly review and either approve or reject (with substantiation and constructive feedback) any designs and/or scope of works (which could include schedules, drawings, specifications and the like), issued to you by us.

If any designs are rejected please provide complete feedback as to why the designs have been rejected. We design to our design style and to our interpretation of what we think will work best for you and your home.

We reserve the right to charge additional fees where designs are rejected and additional design work is required, whatever the reason for the rejection.

When designs, schedules or items for purchase are issued/presented to you for approval, we allow 14 days for you to review and provide your feedback to us. If this period is exceeded we may need to move on to other projects (at our absolute discretion) and in that case will move back onto your project once adequate feedback is received and as soon as we can accommodate your project within our work schedule.

 

Client Obligations

You will ensure that the property is accessible to us and other suppliers/trades as required throughout the duration of the project. Also that electricity and water is available for our use as required and at no cost to us. Any required insurances for your property must be maintained by you (we have our own insurances for Contract Works, Public Liability & Professional Indemnity).

 

Third Party Suppliers

You will form a direct contractual relationship with any and all Third Party Suppliers (which includes the build team, trades and any supplier directly engaged by you to work on the project) and you will be responsible for managing and co-ordinating these relationships. All payments and financial settlements will be made by you directly to these Third-Party Suppliers, at no cost to us. If requested, and specifically agreed and included in our scope of works, we will co-ordinate these Third Parties Suppliers on your behalf, however the contractual relationship will always remain between you and them.

We accept no liability whatsoever in relation to any and all acts or omissions by Third Party Suppliers.

 

Purchasing, Procurement & Pricing

Where required, we will design, source, purchase and procure items for your project only when expressly and specifically agreed with you, and in accordance with these terms and conditions and the agreed scope of works. This will only be done only once payment is received by us in accordance with our proposal.

Occasionally selections may need to be substituted, for example where items become unavailable, or where vendors increase pricing and it no longer fits with the approved budget. In this situation substitutions will be made by us, at our discretion, based on what we think is most suitable for the project, to work with the design intent, budget and look and feel. We will not exceed the agreed budget without consultation with you.

 

Planning, Approvals, Consents and the like

Any and all planning/building regulations/building owner/health and safety approvals, consents and the like are your responsibility, and we take no responsibility for these. We can aid you in obtaining them if this falls within the remit of our scope of works, however they remain your responsibility. We cannot be held liable if you fail to obtain any required approval or consent that may be required for any element of the project, or for the project as a whole, and at whatever stage, and you agree to indemnify us in this regard.

 

We will not be considered to be the “Principal Designer” for CDM regulations – this role will need to be carried out by others if it is required. This is a separate legally defined role with specific health and safety duties and needs to be performed by a suitably qualified person or entity. We can source a suitable consultant for this role should you require us to, however this will be an additional fee and is not included in the fees proposed.

 

Termination, Cancellation & Refunds

Once we start the design work (as detailed in our proposal) we cannot offer any refund of our design deposit and/or design fee(s). For the purposes of this contract, we deem the design work to have started as soon as we receive your payment.

As design is a matter of interpretation and opinion, we do not accept cancellation of this contract, nor do we provide any refunds, if for example our designs, including any moodboards, visuals and the like, are rejected and/or are deemed not acceptable to you.

Once we move from Stage 1 into Stage 2, the project deposit is payable (usually 50% of the agreed budget, as detailed within our proposal). Once we receive this payment we will start work on Stage 2 and cannot offer any refund if you wish to cancel, for any reason.

For individual items procured by us and/or supplied to you by us for your project, refunds and/or exchanges will only be provided at our absolute discretion. Again, design is a matter of interpretation and opinion, and at the end of the day you have engaged us to design and/or furnish your home because we are the professionals, and you want a professional design and finish. We do so by designing and procuring items for your home that we feel best work with the design intent, the budget, and the look and feel of that design.

Customised, bespoke, made to measure, made to order and specially produced items absolutely cannot be cancelled or returned. If they are the full cost of these will be taken as a cancellation fee (100%).

For any refunds provided (again, at our absolute discretion), we will charge, deduct or offset, a cancellation fee of a minimum of 50% of the value of the items cancelled, plus any applicable delivery costs.

Goods may not be rejected for any reason other than that they are demonstrably defective. Where demonstrably defective we will repair or replace the items where possible, otherwise we will refund the value of the item(s). That will be the limit of our liability.

We may cancel any order or terminate this agreement at any time and for any reason – should this happen, a pro-rata refund will be provided and this will be the limit of our liability.

Should you choose to terminate the agreement for any reason, any payments made to us up to that point shall be non-refundable. We will have no liability to you or any third party upon termination of this agreement.

 

Payments and Payment Terms

Payment of the design deposit and/or fee is required prior to us starting work on your design (or where a design project is split into stages or phases, the fee is payable prior to the start of the relevant stage or phase).

Payment of the project deposit, interim instalment and final balance, must be made in accordance with our proposal. Any and all goods remain our property until paid for in full.  Goods may not be rejected for any reason other than that they are demonstrably defective.

 

By making payment to us you are accepting these terms and conditions, as well as our scope of works as listed within our proposal.  

 

Indicated timeframes given by us for supply of items is taken from the date that payment is received by us for such items. 

Where payments are late, we reserve the right to charge interest at the statutory rate (currently 8% plus the Bank of England base rate), and to stop all work on the project and/or relevant stage or phase, until payment is received in full. We may need to reschedule your project, for example if we have moved onto other projects, and we will then advise you when we will be able to return to work on your project.

Should we have to instruct a debt recovery agency, or instigate legal proceedings, you will be liable for any costs incurred.

 

Photographing Completed Works

We would like to use our designs, and where relevant take photographs and/or videos of our work to use, in advertising and on social media – if you do not want us to do so, please specifically request this in writing, otherwise we will assume that you accept our doing so.

Any photographs, videos or imagery will be used at our discretion in advertising, portfolio, social media and marketing generally. No personal details, names, addresses, and the like, will be disclosed.

 

Time and progress

We will proceed diligently with our scope of works and will use best endeavours to achieve the expected and indicated timeframe(s). However, we provide no guarantee of these timeframes being achieved and accept no liability for any losses suffered by you or any third party as a result of any indicated timeframe not being achieved for any reason. We offer nor provide any form of compensation for delays of any kind.

 

Estimated timeframes given by us for design work are taken from the date that payment is received by us – timeframes are dependent on how quickly we can get feedback from you and how many revisions may be required. We reserve the right to charge additional fees if any phase or stage takes longer than estimated due to client instigated revisions, changes and the like.

Where we are delayed in carrying out our scope of works by any acts or omissions by you or any third-party supplier, we reserve the right to seek additional fees to cover any costs incurred.

 

Our work will be deemed to be complete when we have provided designs and/or fitted out the room(s) in accordance with our scope of works/quote, whether they are approved by you or not.

 

Liability

We shall have no liability to you or any third party for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by you which is or are incomplete, incorrect or inaccurate.

Neither party will be liable for any failure to perform its duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or other adverse weather conditions.

At all times and in all circumstances our maximum liability under this agreement shall be limited to the amount directly covered by our insurances. We are not liable for any loss of profit, indirect or consequential loss or damage, to you or any third party, howsoever arising.

No employee or agent of Revival by Design Ltd shall be personally liable to the client or any third party for negligence, default or any other liability whatsoever arising performance of services.

 

Dispute Resolution

The parties agree to resolve their differences through mediation without predudice to any other dispute resolution rights.

The parties agree to arbitration as the final dispute resolution process and agree that liability for any and all costs incurred will be apportioned at the discretion of the arbitrator. 

 

Privacy

The type of information we may collect about you includes your name, address, phone number and email address and anything else necessary in the normal course of us providing our goods and services to you.

We collect and use this information solely in relation to the goods and services we are providing to you and we will not use the information collected for any other purpose. You can check the information that we hold about you by emailing us. If you find any inaccuracies, we will delete or correct them promptly.

 

General

We may assign or sub-contract this agreement (Contract) if this is necessary for operational reasons or in connection with a business transfer or reorganisation. Otherwise, the Contract is not transferable by either party.

Nothing in this Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These terms and conditions and the Contract will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Contract.

Terms & Conditions (Agreement / Contract) - Soft Furnishings, Fabrics and the like... all in addition to the above...

 

This agreement is made between us/we (Revival by Design Ltd) and you (the client) and forms the basis of the contract between us.

 

Our Products

Whilst every effort will be made to ensure that goods provided by us for your project match samples and/or descriptions provided, there may be variations or changes in colour, size, texture, pattern, look and feel of materials that are brought about by the manufacturer and are outside of our control. Goods may not be rejected on the basis of these.

Sizes and dimensions provided for items (whether by us or by our suppliers) are indicative only and may vary within industry standards and tolerances. Goods may not be rejected on the basis of these variances.

Where measurements are provided by you, we will make goods to these measurements, and we accept no liability if these are incorrect or unsuitable in any way.

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Fabrics

Most fabrics are batch dyed and therefore each batch can vary slightly in shade. Due to colour variations between product batches, samples provided to you may vary slightly to the slightly to the fabric used in the project. Due to the print design of some pattern fabrics it may be that the sample provided does not show the full range of colours or pattern design.

All fabrics will fade over time. To reduce natural fading, curtains should always be lined and, if possible, drawn back from the windows during daylight hours. Leading edges will always tend to fade sooner as they receive more light. Upholstery fabrics should be kept out of direct sunlight – avoid positioning furniture where excessive moisture, sunlight or heat could cause an adverse effect. No claims will be accepted for fading.

 

We do not recommend any after purchase fabric treatments be applied to fabrics nor do we accept responsibility for change in performance, appearance nor damage or defect to fabrics treated after purchase.

Please bear in mind that fabrics do wear in use and change their appearance over time, this is natural and to be expected: pile fabrics such as velvets, chenille and textured weaves may flatten and show a degree of optical shading when used for upholstery – this is a characteristic of such fabrics and not detrimental to their durability. Flat weaves may pill or bobble to a degree.

 

Where fabrics are chosen by you that we do not ordinarily stock, we are happy to make up your furnishings in these fabrics, however we do not vouch for the quality, suitability nor durability of these fabrics and do not accept any liability should the fabrics not live up to expectations in these or similar regard.

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Curtains, Blinds & Upholstery

Made to measure and bespoke items are made for you and to your precise requirements – they are not then suitable for use by anyone else, and as such cannot be returned or cancelled. Upon acceptance of our quote/pricing/budget and the like, you are agreeing to this, so please be sure that you are happy with the goods you have selected.

We will make and hang/install curtains and blinds to the best of our ability and within industry tolerances, in terms of level, height, gaps to the floor/wall/ceiling and the like. With the best will in the world nothing is perfect; your floors/walls/ceilings etc are unlikely to be exactly level, fabrics are soft, will stretch a little here and there, and are never 100% square and perfect, which all adds up to the very real possibility that one side of a curtain or blind will be a few millimetres shorter or longer than the other side. This is standard in the industry and our products will always be within standard industry tolerances.

Fabrics absorb moisture and this can result in stretching or shrinking. It is reasonable to expect as much as a 3% change in any curtain length. For instance, a 2.5m curtain length may move up to 8cm up or down under different conditions. Heavier fabrics, looser weaves, and those with thicker yarns of natural fibres will react to changing humidity.

 

Where curtains and/or blinds are being installed to existing tracks, poles, rails or the like, these could be out of level/square etc – we will endeavour to install goods to fit these to the best of our ability and we accept no liability if the installed goods are not a suitable fit because of these issues.

When blinds are installed within a reveal, we take measurements at both sides and in the middle of the reveal, both the height and the width, and use the smallest of these as the basis of the size of your blind. We then deduct approx. 1cm from the width, and your blinds are made to these adjusted dimensions. We do this to make sure that your blinds move up and down uninhibited and don’t rub on your walls. This will mean though that blinds are never installed to the full width of a reveal and as such light will always be visible around the blind.

Curtains are usually hung underneath a pole or track – this ensures that pleats can form properly because the remaining fabric between pleats can be “pushed back” behind the track or pole. We can hang curtains against a track rather than under it, if for example you don’t want to be able to see the track when the curtains are closed, however please be aware that in doing so the fabric between pleats will have nowhere to go and will “fall forwards”, meaning you may see some of the lining behind and the curtains won’t look quite as tidy.

When we hang curtains we generally “dress” them (we manipulate the fabric into its pleats so that the curtains hang better) and we hold them in place with fabric bands or string. We recommend that the curtains are left in these bands for around 2 weeks, to set the pleats and give the fabric a chance to “remember” it has become a pair of curtains. Once the bands are removed the pleats should have set – every fabric is different though and the results vary accordingly. You may need to re-dress your curtains from time to time.

We assume that you have considered the suitability of items ordered, in regards colour, dimensions, sizes and the like. Further that items supplied by us will fit your space and will fit through your doorways and corridors to enable them to be sited as required in your property. We accept no responsibility should this not be the case, for example if a sofa or chair does not fit through your doorways, and as such items cannot be cancelled or returned on that basis.  

When producing any bespoke and/or made to measure items generally, we may be working to designs produced by us, or by you, or we may be working to “copy” a design that you have seen elsewhere – in all cases we will produce your item(s) to the best of our ability and it will be the closest reproduction that we can achieve. That being said it is unlikely to be a 100% exact reproduction of the design intent – bespoke items are exactly that, they are bespoke and one of a kind. Items cannot be cancelled or returned on the basis that they are not an exact reproduction of a design.

Variations in size, colour and finish may occur in any product because of the handmade nature of the processes used to produce them.

 

Cleaning & Care

For best results we recommend all fabrics should be dry cleaned by a specialist in the cleaning of upholstery and curtain fabrics. Spot cleaning and the use of proprietary products is not recommended and could cause damage to the fabric for. Regular vacuuming and turning of cushions can prolong the life of covers and reduces the need for cleaning.

We recommend that upholstery and curtains/blinds be cleaned at the same time. This will ensure the colour balance remains consistent.

 

Cancellation & Refunds

Once we start the work (as detailed in our quote/budget/proposal) we cannot offer any refund of monies paid. We will start the work as soon as we receive your payment.

Customised, bespoke, made to measure, made to order and specially produced items cannot generally be cancelled or returned.

For any refunds that we do provide (at our absolute discretion), we will charge, deduct or offset, a cancellation fee of 50% of the value of the items cancelled, plus any applicable delivery costs.

 

Payments and Payment Terms (generally, unless otherwise stated)

• Non-refundable Deposit - 50% of the total budget/quote value

• Further payment a minimum of 6 weeks prior to the planned delivery/install date – a further 40% of the total budget/quote value

• Remaining balance - within 7 days of installation/supply to you

All goods remain our property until paid for in full.  Goods may not be rejected for any reason other than that they are defective.

 

By making payment to us you are accepting these terms and conditions, as well as the specification of the order listed on the budget/quote and/or within any scope or schedule(s) provided.

 

Indicated timeframes given by us for supply and/or install of items is taken from the date that payment is received by us for such items. 

Where payments are late, we reserve the right to charge interest at 8% above bank of England base rate, and to stop all work on the item/project and/or relevant stage or phase, until payment is received in full.