1.1. What these terms cover:
These are the terms and conditions on which we supply our Services.
1.2. Why you should read them:
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Words that are capitalised within these terms are generally defined terms which have specific meanings. Most of these terms have been defined within the Order Form, with details specific to you, as attached to these terms.
2.1. Who we are:
We are Your Space Living Limited a company registered in England and Wales. Our company registration number is 08114248 and our registered office is at 3a Commercial Street, Llantwit Major, Vale Of Glamorgan, United Kingdom, CF61 1RB.
2.3. How we may contact you:
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails:
When we use the words "writing" or "written" in these terms, this includes emails.
3.1. How we will accept your order:
Our acceptance of your order will take place when we call, write or email you to accept it, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order:
If we are unable to accept your order, we will inform you of this and will not charge you. This might be because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Services or because we are unable to meet a delivery deadline you have specified.
3.3. Your order number:
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4. We only sell to the UK:
Our brochure and website are solely for the promotion of our products and services in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
Our services to you are detailed in the Order Form, these include the following:
Service 1 – Design;
Service 2 – supply of Goods;
Service 3 – Installation;
Service 4 – Renovation.
4.2. Designs may vary slightly from their pictures.
The images of the designs on our website and in our brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colour or a picture in our brochure accurately reflects the colour of the designs. Your design may vary slightly from those images.
4.3. Making sure your measurements are accurate.
When we are making the design to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website and in our brochure or by contacting us.
Parts of our Service will be undertaken by our Subcontractors. We will inform you of who these subcontractors are and which elements of the Service they will be undertaking.
If the performance of our obligations under this Contract is prevented or delayed by any act or omission of you, your agents, subcontractors, or consultants then, without prejudice to any other right or remedy it may have, we shall be allowed an extension of time to perform its obligations equal to the delay caused by you.
4.6. Purchasing Goods on your behalf.
You must be in full agreement prior to the us purchasing an item on their behalf as part of the Services. Rejection of a purchased item on the grounds of preference could invoke re-stocking charges. This is purely dependent on the source supplier’s terms and conditions. Additionally, if the rejected item has already been installed, you will be responsible for the removal cost. We will ensure that all reasonable efforts are taken to minimise the impact of rejected Goods.
4.7. Faulty Goods.
You acknowledge that we cannot be held responsible for supplier’s mistakes or supply of faulty Goods. However, in the event of a faulty item, we will endeavour to ensure the supplier complies to the Consumer Protection Act of 1987.
4.8. Working with existing items.
It is sometimes the case that clients wish to re-use certain items. This might include range cookers, American fridge freezers or Belfast sinks (among other items). We will make reasonable effort to protect the existing item, however, in such cases we cannot be held responsible for unforeseen issues that arise from reusing an item.
4.9. Photography. Photography is an important part of our Services.
This includes “work in progress” images to aid communication, as well as completed projects for marketing purposes. Your privacy is importance to us. If photography is an issue to you, it is important that any preferences are made clear before the commencement of any work.
5.1. In relation to the Designs:
5.1.1. We shall retain ownership of all intellectual property rights in the Designs;
5.1.2. If you choose to continue our Services after the provision of the Designs we shall grant you, or shall procure the direct grant to you of, a fully paid-up, non-exclusive, royalty-free licence to copy and modify the Designs for the purpose of receiving and using the Services and the Designs; and
5.1.3. You shall not sub-license, assign or otherwise transfer the rights granted in clause 5.1.2.
5.2. The Designs form part of our confidential information
The Designs form part of our confidential information and as such are an extremely valuable part of our business and our ability to provide our services.
5.3. In entering into this contract with us you agree that you shall, at all times:
5.3.1. keep the Designs and our confidential information secret and confidential;
5.3.2. not use or exploit the Designs or confidential information in any way except for or in connection with our Services to you; and
5.3.3. only make disclosure of the Designs and our confidential information if you receive an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body or taxation authority of competent jurisdiction.
5.4. Return of the Designs and our Confidential Information.
If requested by us at any time, you shall immediately destroy or return to us all documents and other records of the Design and other confidential information or any of it in any form that have been supplied to or generated by you. If the Designs and confidential information is stored in electronic form, you shall permanently erase all such Designs and confidential information from its computer and communications systems and devices used by it. We may request that you certify to us in writing that it has complied with any of the obligations in this clause.
5.5. Inadequacy of Damages.
You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these confidentiality by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this clause.
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of your obligations contained in clause this clause 5. Your liability under this indemnity is unlimited. Changes
6.1. Your Rights to Make Changes.
If you wish to make a change to the design, you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of our Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9, Your rights to end the contract).
7.1. Our Rights to Make Changes
7.1.1. Minor changes to the designs. We may change our Services:
7.1.3. to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect the design in a material way.
7.1.4. More significant changes to the designs and these terms. In addition, as told to you over the telephone or told to you in the course of email exchanges, we may make the following changes to these terms or the design, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any part of our services paid for but not received.
8.1. Delivery costs.
The costs of delivery will be as told to you over the telephone or as told to you in the course of email exchanges.
8.2. When we will provide the Services.
During the order process we will let you know when we will provide the Services to you. The estimated completion date will also be told to you at this time.
8.3. If the products are Goods.
When we are arranging for the goods to be delivered to you we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
8.4. We are not responsible for delays outside our control.
If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.5. Collection by you.
If you have asked to collect Goods from our premises, you can collect them from us at any time during our working hours of [HOURS] on weekdays (excluding public holidays) and Saturdays.
8.6. If you are not at home when the Goods are delivered.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
8.7. If you do not re-arrange delivery.
We will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you for details on are-arranged delivery, our ability to deliver a service could be compromised. This might force us to end the contract and clause 10.2 will apply.
8.8. If you do not allow us access to provide Services.
If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
8.9. Your legal rights if we deliver Goods late.
You have legal rights if we deliver any Goods late. If we miss the delivery deadline for any Goods then you may treat the contract as at an end straight away if any of the following apply:
8.9.1. We have refused to deliver the Goods; or
8.9.2. Delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
8.10. When you become responsible for the Goods.
Goods will be your responsibility from the time we deliver or arrange the delivery of the Goods to the address you gave us or you or a carrier organised by you collect it from us.
8.11. When you own Goods.
You own a product which is Goods once we have received payment in full.
8.12. What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the Services to you, for example, the location of your water main shut off valve. If so, this will have been told to you over the telephone or told to you in the course of email exchanges. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.13. Reasons we may suspend the supply of the Services to you.
We may have to suspend the supply of Services to:
8.13.1. Deal with technical problems or make minor technical changes;
8.13.2. Update the Services and more specifically the Designs to reflect changes in relevant laws and regulatory requirements;
8.13.3. Make changes to the Services as requested by you or notified by us to you (see clause 6).
8.14. Your rights if we suspend the supply of the Services.
We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than two months in any 12 month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the Contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two months in any 12 month period and we will refund any sums you have paid in advance for the Service in respect of the period after you end the Contract.
8.15. We may also suspend supply of the Services if you do not pay.
If you do not pay us for the Services when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 12.5).
9.1. You can always end your Contract with us.
Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
9.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods repaired or replaced or a Service re-performed or to get some or all of your money back). See clause 11.
9.1.2. If you want to end the contract because of something we have done or have told you we are going to do. See clause 9.2.
9.1.3. If you have just changed your mind about the Service, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.
9.2. Ending the Contract because of something we have done or are going to do.
If you are ending a Contract for a reason set out at 9.2.1 to 9.2.3 below the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1. There is a risk that supply of the products may be significantly delayed because of events outside our control;
9.2.2. We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two months; or.
9.2.3. You have a legal right to end the Contract because of something we have done wrong.
9.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought over the telephone, by mail order or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4. When you don't have the right to change your mind.
You do not have a right to changing your mind in respect of:
9.4.1. Goods that have been installed;
9.4.2. Services, once these have been completed, even if the cancellation period is still running;
9.4.3. Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
9.4.4. Any Goods which become mixed inseparably with other items after their delivery.
9.4.5. Any made to order items, such as furniture, worktops and ironmongery cannot be refunded once the production process has commenced.
9.4.6. Appliances and other hardware may be subject to a re-stocking charge if they are returned.
9.5. How long do I have to change my mind?
How long you have depends on what you have ordered, how it was delivered and the terms stipulated by the supplier.
9.5.1. Services. You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
9.5.1. Goods. You have 14 days after the day you (or someone you nominate) receives the Goods, unless your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Goods.
9.6. Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind, you can still end the Contract before it is completed, but you may have to pay us compensation. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end the Contract before it is completed where we are not at fault and where there’s no right to change your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Services not yet provided or Goods not yet purchased by us on your behalf. However, we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10.1. Tell us you want to end the contract.
To end the contract with us, please let us know by phone or email by calling us on 01446 796731 or emailing us at firstname.lastname@example.org. Please provide details of what you bought, when you ordered or received it and your name and address.
10.2. Returning Goods after ending the Contract.
If you end the Contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person to where you bought them at Your Space Living 3A Commercial St, Llantwit Major CF61 1RB. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the Contract.
10.3. Returning Designs after ending the Contract.
If you end the Contract for any reason after you have received any Designs, you must return them to us. You must return the Designs in person to where you bought them at Your Space Living 3A Commercial St, Llantwit Major CF61 1RB. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the Contract.
10.4. When we will pay the costs of return.
We will pay the costs of return:
10.4.1 If the Goods are faulty or misdescribed; or
10.4.2. If you are ending the Contract because we have told you of an upcoming change to the Goods or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.5. What we charge for collection.
If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
10.6. Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
10.6.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.6.3. In relation to Services, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
10.7. When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10.7.1. If Goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.2.
10.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11.1. We may end the contract if you break it.
We may end the contract for a Service at any time by writing to you if:
11.1.1. You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
11.1.2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
11.1.3. You do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us; or
11.1.4. You do not, within a reasonable time, allow us or our sub-contractors access to your premises to supply the Services.
11.2. You must compensate us if you break the Contract.
If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract.
11.3. We may withdraw the Services.
We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 5 days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for services which will not be provided.
12.1. Most problems can be resolved with good communication.
If you have an issue you aren’t happy with, please talk to us. We will work hard to resolve any problem we are presented with.
12.3. Summary of your legal rights.
We are under a legal duty to supply Services that are in conformity with this Contract. See the section below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: up to 30 days: if your goods are faulty, then you can get an immediate refund.
Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 9.3.
If your product is services, for example the provision of the design services, the Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 9.3.
12.4. Your obligation to return rejected Goods.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call us on 01446 796731 or email us at email@example.com for a return label or to arrange collection.
13.1. Where to find the price for the Services.
The price of the Services (which includes VAT) will be the price as set out in the Order Form. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2. We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3. What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.4. When you must pay and how you must pay.
We accept payment with Mastercard and Visa, as well as direct bank transfers using the BACS system. When you must pay depends on what Service you are buying:
13.4.1. For Goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the Goods to you.
13.4.2. For services, you must make the payments as set out in the Order Form, some of these payments will need to be made before we start providing the Services. We will invoice you for the balance of the price of the Services when we have completed them OR we will invoice you weekly [in advance OR in arrear] for the services until the services are completed]. You must pay each invoice within 14 calendar days after the date of the invoice.
13.5. We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6. What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14.1. We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services as summarised at clause 12.3; and for defective products under the Consumer Protection Act 1987.
14.3. When we are liable for damage to your property.
If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4. We are not liable for business losses.
We only supply the Services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1. How we may use your personal information.
16.1. We may transfer this Agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
16.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4. If a court finds part of this contract illegal, the rest will continue in force.
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.
16.5. Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6. Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the Services in the English and Welsh courts.
16.7. Alternative dispute resolution.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Royal Institution of Chartered Surveyors (RICS), the Royal Institute of British Architects (RIBA) or the National Specialist Contractors Council (NSCC) via the following details: