Interior Design Service: Terms and Conditions

1. These Terms and Conditions

1.1 These terms apply to the interior design service (the Service) provided to you by the Cotswold Company (UK) Limited and to any design pack we provide as part of that service (Design Pack).

1.2 We are The Cotswold Company (UK) Limited, a company registered in England and Wales under company number 04774845. Our registered office is at Norfolk Tower, 48–52 Surrey Street, Norwich, NR1 3PA.

1.3 You can contact us:

(a) By telephone on 0333 200 1725;

(b) By email at: customercare@cotswoldco.com; or

(c) By post at The Cotswold Company, Ground Floor, Norfolk Tower, 48–52 Surrey Street, Norwich, NR1 3PA.

1.4 These terms should be read together with:

(a) Your Design Acceptance & Sign Off Form; and

(b) Our Consumer Terms and Conditions available at https://www.cotswoldco.com/terms-and-conditions/.

2. The Service

2.1 We will use reasonable care and skill to provide the Service and prepare your Design Pack using the measurements, photographs, preferences, requirements and other information you provide to us.

2.2 The Service may include a consultation with one of our designers and the preparation of a Design Pack for your review.

2.3 The Design Pack may include some or all of the following:

(a) A two-dimensional floor plan;

(b) An elevation drawing;

(c) A moodboard;

(d) A three-dimensional visualisation;

(e) An itemised quotation or list of suggested products supplied by us; and

(f) Any other design materials agreed with you.

2.4 The precise scope of the Service and the contents of your Design Pack will be explained to you before or during the service or otherwise agreed with you in writing.

2.5 Unless we agree otherwise, the Design Pack may be used for the design of up to two rooms.

2.6 The Service is intended to assist you with the visual arrangement of our products and your purchasing decisions. It does not include architecture, structural, engineering, surveying, installation or other professional advice.

2.7 We do not undertake any building, installation or alteration works under these terms. If you appoint a contractor or other third party in connection with your room project, your arrangement with that person will be separate from your contract with us.

2.8 In providing the Service and the Design Pack, we do not warrant that:

(a) Your use of the Service will be uninterrupted or error-free;

(b) The Service will meet your requirements;

(c) The Service and Design Pack will be free from vulnerabilities or viruses; or

(d) The Service and Design Pack will comply with your devices’ cybersecurity requirements.

3. Price and Payment

3.1 We will tell you before the Service begins:

(a) Whether the service is provided free of charge;

(b) The price of the service, if any;

(c) Whether there is a separate charge for the Design Pack; and

(d) When and how payment must be made.

3.2 Unless we tell you otherwise, any price stated for the Service includes the Design Pack.

3.3 Any price payable will include VAT at the applicable rate.

3.4 We will not charge you an additional amount for any change to the agreed service unless we have explained the additional charge to you and you have agreed to it.

3.5 Any quotation included in the Design Pack relates to the products and prices identified in that quotation. It does not fix the price of those products indefinitely, reserve them or guarantee their availability. A separate order for those products will need to be made subject to our Consumer Terms and Conditions available at https://www.cotswoldco.com/terms-and-conditions/.

4. Information and Measurements Provided by you

4.1 You are responsible for ensuring that all measurements, photographs, preferences, requirements and other information you provide are complete and accurate.

4.2 Unless we expressly agree in writing to undertake a measurement service:

(a) We will rely on the measurements and other information supplied by you;

(b) We will not independently verify the information provided by you;

(c) Preparation of the Design Pack does not confirm that the measurements or other information are correct; and

(d) You must check the measurements and suitability of any products before ordering them.

4.3 We are not responsible for an inaccuracy in the Design Pack to the extent that it results from incomplete or inaccurate measurements, photographs or other information supplied by you.

4.4 Clause 4.3 does not limit our obligation to provide the Service with reasonable care and skill or any other rights you have by law.

4.5 If we cannot provide the Service because you have not supplied information reasonably requested by us, we may suspend the Service until that information is provided.

5. The Illustrative Nature of the Design Pack

5.1 The Design Pack is intended to help you visualise a proposed arrangement of our products and make a purchasing decision.

5.2 The Design Pack is illustrative only. It may not precisely represent:

(a) The appearance, dimensions, scale or positioning of products in your room(s);

(b) The colour, grain, texture or finish of a product;

(c) The effect of natural or artificial lighting;

(d) Existing features, finishes or conditions in your room; or

(e) How the Design Pack will appear when viewed on a particular device or screen.

5.3 Colours and finishes may appear differently depending on your device, display settings, lighting conditions and the materials from which a product is made.

5.4 You should check the description, measurements, dimensions, specification, access requirements and suitability of each product before ordering it.

5.5 If you are concerned about a product’s colour, finish or suitability, you should view it in one of our stores or request further information from us before placing an order.

5.6 The Design Pack does not guarantee that a particular layout can be implemented without building, electrical, plumbing, structural, installation or other work. You are responsible for obtaining appropriate professional advice where this may be required.

6. Supply and Access to the Design Pack

6.1 We will make the Design Pack available to you by email.

6.2 The Design Pack will be treated as supplied when it is first made available for you to access, view or download.

6.3 You are responsible for ensuring that:

(a) Your email address and other contact details are accurate;

(b) You have access to a suitable device, software and internet connection to download and view the Design Pack; and

(c) Your device meets any technical or compatibility requirements notified to you before the service begins.

6.4 We do not guarantee that a Design Pack will remain available indefinitely. You should download and retain a copy of your Design Pack where a download option is available.

6.5 If you cannot access the Design Pack because of a fault with our system, please contact us and we will take reasonable steps to provide access or supply the Design Pack by an alternative method.

7. Amendment to the Design Pack

7.1 Any amendment requested after you have received your Design Pack will be subject to our agreement and may result in an additional charge or delay. We will tell you about any additional charge before carrying out the amendment.

8. Permitted Use and Intellectual Property

8.1 All intellectual property rights in the Design Pack and its contents remain owned by us or our licensors.

8.2 We grant you a personal, non-exclusive, non-transferable and non-commercial licence to access, download and use the Design Pack for your private and domestic purposes in connection with the relevant room project.

8.3 Except for your right to use and view the Design Pack as expressly stated in these terms, your use of the Service and production of the Design Pack do not grant you any intellectual property rights in respect of the Design Pack. All intellectual property rights in the Service and/or Design Pack shall vest in, and remain vested in, us or our licensors.

8.4 You must not, without our express written permission:

(a) Sell, license or commercially exploit the Design Pack;

(b) Publish or make the Design Pack generally available to the public;

(c) Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, transit or distribute all or any portion of the Design Pack, or the software its produced in, in any form or media or by any means;

(d) Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Design Pack or the software used to present the Design Pack;

(e) Access, store, distribute or transmit viruses or any harmful or illegal material during the course of the service, or introduce or permit the introduction of any virus or vulnerability into our network and information systems; or

(f) Remove any copyright, trade mark or other proprietary notice from it.

8.5 To the extent that you acquire any intellectual property rights in the Design Pack, you will on our written demand assign or procure the assignment of such intellectual property rights with full title guarantee to us, or our licensors. You shall execute all such documents and do such things as we may consider necessary to give effect to this clause 8.5 at your own cost.

9. Your Right to Change Your Mind

9.1 This clause applies where the contract for the Service is made online, by telephone or away from our business premises.

9.2 You may have a legal right to change your mind and cancel the contract within 14 days after the contract is made.

9.3 You may cancel by making a clear statement that you wish to cancel. You can contact us using the details in clause 1.3.

9.4 If you ask us to begin the Service during the 14-day cancellation period and then cancel before the Service has been completed, in the event the Service is paid for we may charge you an amount proportionate to the paid for Service supplied up to the time you tell us that you wish to cancel.

9.5 If the Service has been fully performed during the cancellation period, you will lose your right to change your mind only if, before the service began, you:

(a) Expressly requested that we begin providing the service during the cancellation period; and

(b) Acknowledged that you would lose your right to cancel once the service had been fully performed.

9.6 Where the Design Pack constitutes digital content and we begin supplying it during the cancellation period, any loss of your cancellation right in relation to that digital content will be subject to us first obtaining any express consent and acknowledgement required by law.

9.7 If the Service is provided free of charge, you will not be required to pay for the part of the service provided before cancellation.

9.8 Deciding not to purchase products shown or recommended in the Design Pack does not, by itself, cancel or end the contract for the Service.

9.9 This clause does not affect your rights where the service or Design Pack is faulty, misdescribed or does not otherwise comply with the contract.

10. Service Delays Out of Our Controls

10.1 If our provision of the Service or Design Pack is delayed by an event outside our reasonable control, we will contact you as soon as reasonably possible and take reasonable steps to minimise the delay.

10.2 We will not be responsible for delay caused by an event outside our reasonable control if we comply with clause 10.1.

10.3 If there is a risk of substantial delay, you may contact us to end the contract and receive a refund of any amount you have paid for the service or Design Pack which has not been provided.

11. Our Responsibility to You

11.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or failing to use reasonable care and skill.

11.2 We are not responsible for loss or damage that:

(a) Was not foreseeable;

(b) Was caused by an event outside our reasonable control; or

(c) You could have avoided by taking reasonable action, including following our reasonable instructions.

11.3 The Design Pack does not replace the need for you to check the description, dimensions, specification and suitability of any product before ordering it.

11.4 Our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the product and/or Service, and all claims for loss of profit or indirect or consequential loss are wholly excluded.

11.5 We only provide the Service and Design Pack for private and domestic use. We are not responsible for business losses, including loss of profit, loss of business, business interruption or loss of business opportunity.

11.6 Nothing in these terms excludes or limits our responsibility where it would be unlawful to do so, including responsibility for:

(a) Death or personal injury caused by our negligence;

(b) Fraud or fraudulent misrepresentation; or

(c) Breach of your statutory rights.

12. Personal Information

12.1 We will use your personal information in accordance with our Privacy Policy, available at https://www.cotswoldco.com/privacy-policy/.

12.2 You should avoid including unnecessary personal or confidential information in photographs or other materials supplied to us for the Service.

13. Other Important Terms

13.1 We may transfer our rights and obligations under these terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 When we use the words “writing” or “written”, this includes emails.

13.4 This contract is between you and us.  No other person shall have any rights to enforce any of its terms.

13.5 Each of the paragraphs of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.6 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.7 We shall not be in breach of the contract nor liable for delay in performing, or failure to perform, any of our obligations under the contract if such delay or failure result from events, circumstances or causes beyond our reasonable control.

13.8 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.  If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.  If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.