Terms and Conditions
1. Formation of Contract
1. 1 These Terms and Conditions together with the estimate of works (“Proposal”) provided by Create Perfect Ltd which describe the services set out the entire agreement between Create Perfect Ltd and you (the “Client”) and will apply once an appointment has been made to provide Create Perfect s Ltd services (the “Services”).
1.2 Before procuring the Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services. By paying your installment you are agreeing to these terms and conditions.
2. Create Perfect Ltd Scope of Work
2.1 Create Perfect Ltd has been retained to provide interior design services only. Create Perfect Ltd is not a general contractor and will not act in such capacity. Any issues concerning construction elements must be discussed between owner and the contractor.
2.2 Create Perfect Ltd will endeavor to advise the client of the predicted timescale of works as soon as is possible after the quotes have been produced. All such dates shall be approximates only and Create Perfect Ltd cannot be held responsible for any delay in projects or project completion dates - for any reason.
2.3 Where Create Perfect Ltd is responsible for organising Third Party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for the Client, such as decorating, building work, carpet fitting, curtain and blind manufacture and fitting and such other work during full packages, the contract of work is between the client and the contractor and not with Create Perfect so we can not be held responsible for any damages or inconvenience caused by 'third party suppliers' but will do our best to mediate on your behalf should it be necessary and payment was through Create Perfect.
2.4 Due to the nature of the Interior Design business we cannot guarantee that Clients will always like our recommendations. Interior Design can be subjective. Unfortunately, we cannot provide any refunds in this case. However please feel free to contact Create Perfect Ltd and we will be happy to discuss the design concept further with you and perhaps make further recommendations via phone/email in special cases.
3. Client Obligation
3.1 The Client shall ensure that the property is accessible to employees of Create Perfect Ltd and any third party suppliers providing services throughout the duration of the works. You will be required to pay any fees or rates suffered from access being denied.
3.2 The client will ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to Create Perfect Ltd.
3.3 The client shall make Create Perfect aware of any delays they may have with providing any relevant information partaking to the project and if delays are caused which stop Create Perfect for fulling the contract, Create Perfect is obliged to terminate the contract after 48 days or place a break on the contract until a later date if appropriate.
3.4 Parking must be arranged or made available for Create Perfect Ltd team or outside contractors when working on project days. Any fee's for this are payable by you if required - that includes the use of a skip or other hired on site equipment and essentials.
4. Purchasing
4.1 From time to time, Create Perfect Ltd may need to purchase products for the Client in addition to the scope of work already proposed. In such cases, full payment of the agreed purchase price is required from the Client prior to purchasing the agreed products.
4.2 In cases where furniture or accessories have been rented, it remains the Client’s responsibility to insure the furniture and accessories against all risks, damage or loss.
4.3 We may and have the right to add a purchasing and admin charge to the trade price of the item on purchasing. This maybe to cover travel expenses, postage or time purchasing the item. We will advise of prices required by Create Perfect for items up-front of purchasing as well as the RRP price of the items.
4.4 When purchasing only through Create Perfect, the fee covers the purchasing process of the item and therefore once the order is placed the contract is between you and the supplier so please ensure you read these terms for the items in questions. Create Perfect can not be held responsible for any issues resulting from the purchase but will of course be happy to help where we can so please contact your designer or the person whom you purchased through.
4.5 Items on your shopping list are 'as of the date of sourcing', we can not be held responsible if the item is out of stock or a change in price occurs. We are under no obligation to provide an alternative. Alternatives are classed as revisions charged at £35 per accessorie or small item and £55 per specication item.
5. 3D Package Purchases
5.1 We can not refund the package once work has started on your images. Changes can be made at an additional fee for the time taken to make the amendments.
5.2 Create Perfect Ltd is not responsible for any work undertaken, property alterations or purchases made in relation to a 3D image produced for you. They are for inspirational purposes only.
5.3 Whilst we do aim to be as accurate as possible in our renders, we can not guarantee property measurements or products details are 100% accurate unless a full survey is completed by Create Perfect Ltd at our standard cost. This is included in the turnkey full design service.
6. Third Party Suppliers
6.1 The Client will form a contractual relationship with Third Party Suppliers, and will be responsible for managing these relationships and any financial settlements direct with Third Party Suppliers.
6.2 If so requested, Create Perfect Ltd may coordinate the services and financial settlements with the Third Party Suppliers on their behalf, as part of the service undertaken, but the Client will remain ultimately responsible for the contractual relationship with the Third Party Supplier.
6.3 Create Perfect Ltd is not responsible for forming any contractual relationship on behalf of the client.
7. Payment and Billing Terms
7.1 The charges for the services are set out in the Fee Proposal or as amended or updated by Create Perfect Ltd and communicated to the Client.
7.2 Payment should be made by cash or PayPal or bank transfer. Electronic invoice can be forwarded with payment made from invoice.
7.3 All payments to Create Perfect Ltd are due within 14 days of presentation of invoice. Works may be halted until payment is made.
7.4 Interest at the rate of 5% per month shall be payable on all accounts not settled by their due date.
7.5 The interest will be added monthly thereafter from the due date until the settlement is received.
7.6 Should Create Perfect Ltd have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs incurred.
7.7 We reserve the right to change the prices on our packages until payment is received. This is because they are based on time taken to complete, complexity of work and current work load which is fluid day to day. We will of course honor any invoices paid and the work covered in that scope of works with in invoice due date - unless otherwise discussed.
7.8 Once three months of an 'invoice paid for service' is reached, you will need to pay the difference in price from the package if the price has increased in order for Create Perfect to complete the packages service, or your service is forfeit with no refund.
8. Cancellation and Termination Policy
8.1 The Client has the right to cancel this contract at any time up to the end of seven working days after the day on which the Contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
8.2 The client does not have the right to cancel the Contract if the supply of the Service begins with the Client’s agreement, before the end of the seven working day cancellation period.
8.3 To exercise the right of cancellation the Client must give written notice to Create Perfect Ltd by hand or post or email at Create Perfect Ltd address or email as set out in your invoice.
8.4 Once the client has notified Create Perfect Ltd that the Client is cancelling the Contract, Create Perfect Ltd will within 30 days refund the Client for the Services not actioned and completed.
8.5 Following the seven day period, the client has the right to terminate the contract at any time giving notice in writing to Create Perfect Ltd. The Client will be liable to pay Create Perfect Ltd for the services provided to the date of Termination (including but not limited to Services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any travel or accommodation costs incurred by Create Perfect Ltd Consultants.
8.6 A delay by either party in acting on a breach of this contract will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.
8.7 Termination of contract will not affect either party’s outstanding rights or duties, including Create Perfect Ltd.'s right to recover any money owing to it under these terms and conditions.
9. Liability
9.1 Create Perfect Ltd shall have no Liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instruction supplied by the client which is or are incomplete, incorrect or inaccurate.
9.2 Create Perfect Ltd shall not be liable to the Client for any unforeseeable loss or damage arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
9.3 Neither Create Perfect Ltd, nor the client shall be liable for any failure to perform its duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or otherwise adverse weather conditions.
9.4 To enable Create Perfect Ltd to deal with any complaints that may arise relating to the Services, the Client must provide full details of any complaints within 7 days of the supply of the relevant services.
9.5 Nothing in these Terms and Conditions affects any liability for death or personal injury caused by Create Perfect Ltd.'s negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
10. Privacy Policy
As of the 25th May 2018 our Privacy Policy has updated to be in compliance with GDPR. We are committed to your privacy and will always be transparent with how we store and use your data.
10.1 We collect your data when you place orders with us, enter a competition online, make an enquiry or take part in a design service we have a secure system that stores the details you give us.
10.2 We collect your data for sending out samples, giving quotations and advice, delivering goods and providing the best overall customer experience – this can also include sending out newsletters and promotions. When receiving newsletters you have the option to opt in or out of our mailing list. When using a service we store you data in a secure system for 1 year in case you would like to return for further service. This can be extended or reduced upon request.
10.3 We never sell or share your data to third parties. We only ever share your data with trusted transport or service companies on your behalf (upon request) when you place an order for us to purchase, so that we can deliver your goods. We will always ask first if we are needed to share any information otherwise. Your questionnaire details are not shared with anyone and only seen by your designer.
10.4 Our updated Privacy Policy will automatically come into effect for our existing customers – you will need to contact us should you wish to opt out of your data being stored on our system. Please be aware this will result in no further communications and we will be unable to send out samples, offers and any orders of goods. Future customers will have to check a box on our questionnaire to say they agree with our Privacy Policy and the GDPR.
11. Copyright
11.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of Create Perfect Ltd in connection with the Services shall belong to Create Perfect Ltd absolutely and any such materials, documents or items or use them for any commercial purpose.
11.2 Create Perfect Ltd shall be permitted to use photographs of the Client’s property which demonstrates the Services provided by Create Perfect Ltd for its items shall be or remain the sole property of Create Perfect Ltd.
11.3 The client shall be entitled to use any such materials, documents or other items in connection with the Services but shall not be entitled to copy any such own marketing purposes.
11.4 In accessing the website you agree that you will access the content solely for your personal, non-commercial use.
12. General
12.1 Create Perfect Ltd may assign or sub-contract the Contract if this is necessary for Operational reasons or in connection with a business transfer or re-organisation. Otherwise, the contract is not transferable by either party.
12.2 Your design page or domain will be valid for 6 months after your completion. After this time the page is deleted to make way for new work. Should you wish for this to be extended please contact Gina at gina.everett@createperfect.co.uk.
12.3 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.