This Terms of Services (“Agreement”) is an agreement between House Designer (“House Designer”, “us”, or “we”) and the entity or person (“you”, “your”, or “user”) and our services made available through the websites (the “Website” or the “Site”)
This document sets out the Terms and Conditions for the use of the House Designer website, Interactive services and Design services.
House Designer: The registered trademark and trading name of Fabryan Limited (“We”, “Us”, “Our”);
User: Any user of the House Designer website or its interactive or design services (“You”, “Your”);
Client: Any User that enters into a contract with Us for the provision of design services;
Site: Our website www.housedesigner.com;
User-Generated Content: Data created by a User that is uploaded to the Site (“UGC”);
Interactive Services: The services enabled by Our Site for messaging and uploading UGC;
Design Services: The services available through Our Site for the provision of interior and garden designs;
Design Package: An element of the Design Services that has an identified scope of work and purchase price;
Project: The overall purpose of one or more related Design Packages undertaken for an individual Client;
Writing: Reference to “writing” in these Terms & Conditions includes communication by email.
2) ENTIRE AGREEMENT
2.1) These Terms and Conditions constitute the entire agreement between You and Us for the use of the Site, the Interactive Services and the Design Services, and supersede any prior agreements.
3) ABOUT US
3.1) We are Fabryan Limited (trading as House Designer), registered in England under company number 07435772, and have Our registered office at 73 Maple Road, Surbiton, Surrey, England, KT6 4AG. VAT Registration 387644448
3.2) You can contact Us by phoning Our customer helpline 020 3488 4873 or by writing to Us at Our registered address. As a Client, You will be notified of Our dedicated email contact address.
4) USING OUR SITE
4.1) You may access Our Site for Your non-commercial use on the terms set out within this document. We do not guarantee that the Site will always be available to You and We will not be liable to You if the Site for any reason is unavailable.
4.2) We do not warrant the validity and accuracy of the information on the Site, the Interactive Services, or third-party websites linked to the Site.
4.3) We shall use Our reasonable endeavors to ensure that the Site and Your UGC are kept secure at all times. However, We do not warrant to You that your UGC will not be used by a third party.
4.4) Any information obtained or downloaded by You shall be at Your own risk and We do not warrant that such information will be free of viruses or other malware.
4.5) We do not warrant the functionality of any software provided to you through the Site.
6) USING THE INTERACTIVE SERVICES
6.1) You will only have access to the full functionality of the Interactive Services by making an online purchase of one of our Design Services.
6.2) The Interactive Services may include using Our interactive chat facility, completing Our online questionnaire, taking part in a virtual consultation with Our designer, receiving Your mood board, curated shopping list, plan and visualization (the exact activities depending on the design package You have purchased) and receiving Our post design support.
6.3) We may add or amend from time to time the features we offer, at Our sole discretion and without prior notice.
7) UPLOADING USER GENERATED CONTENT
7.1) To the extent that the Site allows, You may upload UGC provided that You comply with Our Acceptable Use Standards as laid out below. You undertake that any UGC You submit complies with these standards and You shall be liable for any loss We incur from Your breach of this obligation.
7.3) We reserve the right to remove any UGC that if, in Our opinion, it does not meet our Acceptable Use Standards.
7.4) You acknowledge that communications made over the internet may not be secure. We cannot warrant the security of any UGC or any other information or data that You send Us by means of the Site. Such communications are made at Your own risk.
8) ACCEPTED USE STANDARDS
The use of Our Interactive Services by anyone under the age of 18 is subject to the consent of their parent or guardian.
Comply with applicable legislation in England and in the country of posting
UGC must not:
Be used to impersonate or misrepresent Your identity
Be defamatory, obscene, offensive or inflammatory
Promote any illegal activity
Infringe any copyright, trademark or other intellectual property rights
Be in breach of a third party duty in contract or in tort
Involve the transmission of “spam”, “junk mail” or similar
Contain hidden, password-restricted or similar pages
We shall, at Our discretion, determine whether there has been a breach of these Acceptable Use Standards.
9) GRANT OF A LICENCE TO HOUSE DESIGNER
9.1) Your UGC shall be considered non-confidential and non-proprietary. When You post UGC on the Site, You grant Us and Our assignees a worldwide, non-exclusive, royalty-free transferable license to copy, modify, disclose, or otherwise use such UGC and all things incorporated therein for any commercial or non-commercial purpose.
9.2) The above license shall terminate when You write to Us to request Termination of these Terms and Conditions.
10) CONDITIONS OF USE AND WARRANTIES
You may access the Site and the Interactive Services for Your own personal, non-commercial purposes, subject to the following conditions. You agree not to:
Exploit any House Designer content (text, images or online forms) for any other purpose without Our written consent
Alter or modify any part of the Site or Interactive Services
Penetrate or attempt to penetrate the security features of the Site
Use the Site for any commercial purpose (other than allowed under the Terms of Sale) without Our written consent
Use the Site to host or transmit any viruses, trojans, worms or other malware
Attack the Site via a denial-of-service attack
Post or upload any UGC which contains unlawful material
By using the Site, You warrant that You will:
Comply with all applicable legislation and codes of practice
Comply with Our Acceptable Use Standards above
Comply with any guidelines or instructions reasonably issued by Us
Be solely responsible for any breach of Your obligations under these Terms and Conditions whether by action or omission
11) TERMINATION OF ACCESS OF THE SITE AND INTERACTIVE SERVICES
11.1) These Terms and Conditions shall apply at all times while You are making use of the Site and Interactive Services.
11.2) At Our sole discretion and without notice We may at any time withdraw some or all of the Site access and Interactive Services available to you.
11.3) We may modify or delete any UGC You have provided if We believe that the UGC is inconsistent with these Terms and Conditions.
11.4) We reserve the right, where monetary damages do not provide a sufficient remedy, to seek injunctive or other equitable relief as may be necessary.
11.5) You may terminate Your relationship with Us at any time by requesting, in writing, that We remove You from Our Client list.
12) NO RELIANCE ON INFORMATION
12.1) The content on the Site is provided for general information only and is not intended to be advice on which you should rely. We advise that You obtain professional or specialist advice before taking any action based on the content of this Site.
13) INTELLECTUAL PROPERTY RIGHTS
13.1) The Site and all its content including but not limited to text, code, graphics, photographs, and drawings are subject to copyright, trademarks and other Intellectual Property rights owned by Us or licensed to Us. You may not download content for any purpose whatsoever without Our prior written consent or, where applicable, Our licensors. We reserve all rights not expressly granted in the Site and its content.
14) LIMITATION OF LIABILITY
14.1) Nothing in these Terms and Conditions limits Our liability for death or personal injury arising from Our negligence, or any other liability that cannot be limited by law.
14.2) The use of the Site is entirely at Your own risk, to the extent that may be permitted by law and We exclude all warranties and representations, whether express or implied, which may apply to Our Site or its contents.
15) PURCHASING DESIGN SERVICES
15.1) In order to secure Our Design Services, You must either:
Purchase one or more of Our Design Packages through the Site, thereby initiating a Project with Us; or
Contact Us through the Site for a free bespoke quotation.
15.2) Your contract for the Design Services will be between You and Us, subject to these Terms and Conditions. When We collect money in relation to the Design Services, We do so on Our own behalf.
15.3) We take full payment up front and will begin work on your Design Project once Payment and all Information have been provided by you.
15.4) Your order for the Design Services, when made through the purchase of one or more of Our Design Packages, constitutes Your formal offer to Us. Acceptance of Your offer will take place when We confirm Your order in writing, at which point a contract will come into being.
15.5) If for any reason We are unable to accept Your order in whole or in part, We will advise You of this in writing and no contract will come into effect. Any payment You have sent Us will be due for a return to You. We may indicate, as applicable, the part or parts We can accept, together with the fee payable on them, and such communication will constitute Our counter-offer to You. Should You accept this counter-offer, a contract will come into being and an adjustment will be made accordingly to the sum due for a return to You.
15.6) If You contact Us for a bespoke quotation, Our quotation will constitute Our offer to You. Acceptance will take place when You give Us instruction to proceed in writing, at which point a contract will come into being.
15.7) Upon the creation of a contract, We shall notify you of a Project number, which You should use in all further communication with Us. We will also confirm with You Our anticipated schedule for performing Your Project and agree with You on the proposed start date.
15.8) Our Design Services may specify other third party products and services that we reasonably believe may assist in implementing your design needs. We make these recommendations in good faith.
15.9) We do not accept any responsibility or liability for any incorrect furniture ordered by You or a third party, or furniture that may be the wrong size, wrong colour or damaged on arrival, whether or not ordered by Us..
15.10) We reserve the right to maintain commercial partnerships and affiliate relationships with third party goods and services providers.
16) INFORMATION PROVIDED BY YOU
16.1) We may need certain information from You in order to provide the Design Services You have requested, such as room dimension or choice of style. Our Site and Interactive Services should facilitate Your submission to Us of the necessary information, depending on the Design Services You have selected. Where We do not have such information, or it is incomplete, We will contact You to explain what is required.
16.2) You are responsible for ensuring the accuracy of any measurements you send Us.
16.3) You are responsible for providing any information requested by us on time. If You do not provide Us with the information We have requested within a reasonable time frame or the information is incomplete or incorrect, We may either terminate the contract or request further payment to cover all reasonable additional costs incurred. A reasonable time frame shall normally be construed as a period of 6 weeks in the absence of any agreement to the contrary.
17) STATUTORY REQUIREMENT
17.1) When performing the Services, House Designer complies with the requirements of all statutes and legislation to the extent they apply to the project and House Designer’s appointment as scheduled.
17.2) Our proposed designs are a recommendation only and it is responsibility of the Client to undertake their own due diligence on suitability of the product to ensure it is fit for the purpose they intent to use it for.
18) SERVICES PROVIDED BY US
18.1) We will nominate a designer dedicated to Your Project who will act as one-to-one contact with You, discussing Your requirements and providing advice.
18.2) The precise performance and output of Our Design Services will depend upon the Design Package(s) You have selected but may typically comprise the following: Phone or video consultation with Your designer, mood board, concept, 2D plans and layouts, and curated shopping list. A description of the activities and deliverables associated with each Design Package is provided on Our Site.
18.3) You will have the opportunity during the design process to provide feedback to Us in order that the Design Services We provide may fully satisfy Your Project expectations. Although We always hope to identify what You want straightaway, We recognize that more than one iteration of the design process may be required.
18.4) Where the Design Package includes any 3D content, such as 3D rendering, visualization, walkthrough, or similar, this work will be undertaken once only, for the design that has been given Your final approval.
18.5) We will provide the deliverables of Your Project via email to the address You provided at the time of ordering. Deliverables will typically be in Portable Document Format (PDF) or Joint Photographic Experts Group format (JPEG). Videos, if part of the scope of work, will be made available to You through the Vimeo web hosting service. We do not provide native files generated by Us in the course of Our work, such as for CAD drawings, Sketch up, Spreadsheets or videos.
18.6) All the deliverables created in whole or part by Us in connection with the provision of Our Design Services are protected by copyright, trade marks and other Intellectual Property Rights owned by Us or licensed to Us. You agree that all such deliverables are Our sole and exclusive property to the fullest extent permitted by law. To the extent that any such deliverables do not vest automatically with Us, You assign to us with full title guarantee any right, title and interest You may have in and to them.
19) ADDITIONAL SERVICES
19.1) If at any time the Client requires House Designer to perform any services which are not identified within the proposal or in the services listed in the Schedule (“Additional Services”), the Client pays House Designer for such Additional Services at the rates set out in the Appointment Particulars unless otherwise agreed. If the Client requires any Additional Services, House Designer informs the Client of the likely additional fee to be charged. Unless otherwise agreed, the additional fee is payable after performance of the relevant Additional Services.
19.2) Any changes following design submission and final sign off, together with specific meetings and design production outside the scope will be charged at an hourly rate of (£120 + VAT per hour) OR (£800 + VAT per full day (8 Hours)
19.3) Payment of the Fee, any additional fee payable for Additional Services and the Reimbursable Expenses is due on receipt by the Client of a VAT invoice from House Designer. Invoices are submitted on each installment date or on completion of each activity or work stage set out in the Appointment Particulars.
19.4) VAT will be charged on all prices at the current rate of 20%
20) THIRD-PARTY LINKS
20.1) Where Our Design Services include a curated shopping list with links to third party websites for the purchase of items, although We will always endeavor to select retailers that share Our high standards, We are not responsible for the content, security, performance, practices or policies of their websites and do not guarantee or warrant that they will be inoffensive, fit for purpose or free of viruses or other malware.
20.2) Any purchase by You from a third-party retailer is made by way of a separate contract between You and the retailer. We are neither a party to such a contract nor an agent of You or the retailer.
20.3) Whilst We will always endeavour to provide you with up-to-date cost estimates, We do not guarantee the price You may need to pay for third party purchases.
21) CANCELLATIONS AND REFUNDS
20.1) Your purchase of Our Design Services is protected by the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013.
21.2) You have 14 days from entering into a contract with Us in which you can cancel it. This is effective on the date which sale is made. If You do so within this ‘cooling-off’ period and the date agreed for starting the Design Services is outside this 14 day period, We will refund all payments You have made for them in full.
21.3) If, however, the agreed start date lies within this 14 day period, We will deduct from the refund all costs incurred up to the time of You canceling.
21.4). If the Design Services have been completed, or after more than (14) days, no refund will be made.
22) PRICE AND PAYMENT
22.1) If You select one of Our Design Packages, the price will be clearly identified at the time of placing the Design Package in the online shopping basket and further confirmed at the time of checking out. Payment shall be made by secure online card payment.
22.2) If You contact us for a free bespoke quotation, We shall clearly identify the price of the Design Services to be performed in Our offer to You. If You accept this offer, We shall send You an invoice for the quoted amount which shall be due for payment by BACS transfer prior to the start of the Design Services. Payment instructions will be included with the invoice.
22.3) All prices include Valued Added Tax (VAT) where applicable.
23) TERMINATION OF DESIGN SERVICES
23.1) You may cancel the Design Services without cause at any time during the 14-day‘ cooling-off’ period, and we shall return Your payment, subject to any applicable deductions (see Section 21 Cancellation).
23.2) We shall carry out and complete the Design Services with the reasonable skill and care to be expected of a designer experienced in providing services of a similar nature. You have a legal right to terminate the contract if We fail to meet this standard. However, We will not be considered at fault simply because You do not like any item or recommendation of Our Design Services.
23.3) We may terminate the contract if You break it, and in particular if:
You do not make any payments due within a reasonable timescale; or
You do not provide Us with the information necessary for performing the Design Services; or
You cease contact for a continuous period of 6 weeks or You fail to provide responses to Us in assisting in the progression of Your project within this time frame; we will regard your project as completed. Therefore, no further work will be carried out by Us. We also reserve the right to terminate Our Design Services forthwith in those circumstances.
23.4) If We end the contract, We will return any payments You have made, subject to any deductions for costs incurred up to the moment of termination.
23.5) All notices of termination shall be in writing.
24) LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
25) DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
We may transfer Our rights and obligations under these Terms and Conditions to another party.
32) THIRD-PARTY RIGHTS
These Terms and Conditions provide for a contract between You and Us. No other party shall have the right to enforce any of its terms.
33) APPLICABLE LAW
These Terms and Conditions shall be governed by the laws of England and for all matters arising in connection with their use both We and You shall submit to the exclusive jurisdiction of the courts of England and Wales.
If you have questions or comments about this Terms and conditions, please contact us
Last updated: 19th November 2022.