1. Summary of your key rights
1.1. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel your contract with us within 14 days. If you agree the services will start within this time, you may be charged for what has been supplied up to the date you decide to cancel.
1.2. The Consumer Rights Act 2015 says:
(a) you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or you can get some money back if we cannot fix it,
(b) if a price has not been agreed upfront, what you are asked to pay must be reasonable, and
(c) if a time has not been agreed upfront, our services must be carried out within a reasonable time. 1.3. This section 1 is intended to be a summary of your key rights only. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 0808 223 1133. 1.4. The information in this section 1 is not intended to replace the contract below, which you should read carefully.
2. About us
2.1. We are JOAW Limited t/a Ian George Design: a company incorporated in England and Wales under company number 12215093.
2.2. Our registered office at 1 & 2 Heritage Park, Hayes Way, Cannock, Staffordshire, WS11 7LT.
2.3. Our VAT number is 343 1396 13.
2.4. If you have any questions about this contract or the estimate, please contact us by sending an email to [email protected].
3. Overview of this contract
3.1. This contract sets out:
(a) your legal rights and responsibilities,
(b) our legal rights and responsibilities, and
(c) certain key information required by law.
3.2. In this contract:
(a) references to we, us and our means JOAW Limited t/a Ian George Design, and
(b) reference to you and your means the person named in the estimate buying services from us.
3.3. This contract is only available in English. No other languages will apply to this contract.
4. Application of this contract
4.1. If you buy services from us and sign the estimate, you agree to be legally bound by this contract.
4.2. These terms and conditions apply only if you are buying services from us as a consumer, i.e. for purposes outside of your business, craft or profession. If you are buying services from us in the course of business, our business terms and conditions apply to such purchases, which are made available to you on request.
4.3. When buying our services, you also agree to be legally bound by any extra terms which may add to, or replace some of, this contract. This may happen for legal, regulatory or security reasons. We will contact you to let you know if we intend to do this by giving you 28 days’ notice. Any such extra terms will form part of this contract as though it set out in full here.
5. Information we give you
5.1. We are required to give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please contact us using the contact details in section 2 of this contract.
5.2. The key information we give you by law forms part of this contract as though it set out in full here.
5.3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
6. Your privacy and personal information
6.1. Our Privacy Policy is available at [X].
6.2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
7. Buying our services and goods
7.1. The estimate sets out the services and goods that we will provide to you and the cost for such services and goods.
7.2. Please read the estimate thoroughly and ensure you are happy with it.
7.3. Once you sign the estimate, a legally binding contract between you and us is made.
8. Right to cancel 8.1. Except in the circumstances listed in section 8.2 of this contract, you have the right to change your mind and cancel your order as follows:
(a) in respect of services, you have 14 days from the date you sign the estimate to cancel this contract, and
(b) in respect of goods, you have 14 days from the final delivery date to cancel this contract.
8.2. You do not have the right to cancel orders for bespoke or personalised goods. You also lose your right to cancel in the following circumstances:
(a) if you remove or break a protective or hygiene seal attached to any goods, or
(b) if you requested for us to start providing the services during the 14-day cancellation period and the services are fully performed during this period, i.e. the work has been completed.
8.3. We will not start providing the services during the 14-day cancellation period unless you have asked us to. The estimate gives you the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed, i.e. the work has been completed. If you do not tick the box, we will not be able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.
8.4. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, e.g. by letter to our registered office set out in section 2.2 of this contract or by email to the address set out in section 2.4 of this contract.
8.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.6. If you requested for us to start providing the services during the cancellation period and the services are fully performed, i.e. the work is completed, during this period, you lose your right to cancel and will be required to pay the full price for the services under this contract even if the cancellation period has not expired.
8.7. This does not affect the rights you have if any services or any goods are faulty. A summary of these rights is provided at the top of this page and in more detail in section 18 of this contract.
9. Returning goods if you cancel
9.1. If you cancel the contract for goods and you have already received the goods, you must return the goods to us within 14 days of telling us that you want to cancel this contract. The deadline is met if you send the goods back to us before the 14-day period has expired.
9.2. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the goods back from you or until you have provided us with evidence that you have sent the goods back (whichever is earlier).
9.3. Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. You are responsible for the goods while they are in your possession.
9.4. Unless the goods are faulty or misdescribed, you are responsible for the cost of returning the goods to us.
10. Effects of cancellation 10.1. If you exercise your right to cancel under section 8 of this contract, we will provide you with a refund as soon as possible.
10.2. If you cancel an order for goods and have already received goods, we will issue the refund no later than 14 days after the day we receive the goods back from you or, if earlier, you provide us with evidence that you have sent the goods back. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.
10.3. Your refund will be subject to the following deductions:
(a) if you handled the goods in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the goods, we may make a deduction from the refund for such loss in value, and
(b) if services have been provided during the 14-day cancellation period at your request, we will make deductions from any refund due to you for the services we provided up to the time that you told us that you want to cancel.
10.4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. 10.5. If the right to cancel does not apply because of one of the circumstances listed in section 10.3, you will not be entitled to a refund unless the goods or services are faulty. See section 18 of this contract.
11. Carrying out of the services
11.1. We will aim to carry out the services by the time or within the period set out in the estimate. If you and we have agreed no time or period, we will carry out the services within a reasonable time.
11.2. Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed.
11.3. Our services are limited to the preparation and provision of designs and related design advice. We will not be responsible for any of the following:
(a) contractor workmanship, acts, omissions, breaches, negligence, delays or failures,
(b) any structural engineering works,
(c) the installation or building works complying with law, regulation or any other requirements or consents.
11.4. Where we take measurements ourselves, we will exercise reasonable care and skill in doing so.
11.5. If measurements are provided to us by you or any third party, we will be entitled to rely on those measurements as being accurate. We will not be responsible for any inaccuracies in the measurements supplied to us for any resulting design changes, additional costs or delays required to correct such inaccuracies.
12. Designs
12.1. We will retain all title to, and ownership of, the intellectual property rights in the designs we provide as part of the services.
12.2. Once you have paid all sums due us under this contract, we will automatically grant you an irrevocable, royalty-free and non-transferable licence in perpetuity to use the designs for the purposes of procuring installation and build works. 12.3. Except as set out in section 12.2 above, or otherwise agreed in writing by the parties, no intellectual property or other rights are transferred, assigned or licensed to you under this contract.
12.4. Nothing in this contract will constitute a waiver of any moral rights granted by ss.77–89 of the Copyright, Designs and Patents Act 1988. This means that we and our personnel reserve the right to be identified as the creator of the designs and the right to object to derogatory treatment of the designs.
12.5. You will not:
(a) modify, adapt or create derivative works from the designs without our prior written consent,
(b) resell the designs to any third party,
(c) sub-license or seek to assign or otherwise transfer any of the intellectual property rights in the designs to any third party, or
(d) use the designs in any way which is defamatory, indecent or unlawful, or which infringes the intellectual property rights of any third party.
12.6. We guarantee that at the point we send the final designs to you, the designs will be our original work and will not infringe the intellectual property rights of any third party.
12.7. Once designs, specifications or product selections (including items such as handles, taps, fixtures or finishes) have been approved by you, any requested changes may:
(a) require additional design work,
(b) result in additional material or supplier costs, and
(c) affect the delivery or completion timetable.
12.8. We will inform you of any additional costs or revised timescales before proceeding with any requested changes.
13. Delivery of goods
13.1. If something happens which is outside of our control and affects the estimated date of delivery of goods, we will provide you with a revised estimated date for delivery.
13.2. Delivery will take place at the address set out in the estimate.
13.3. You are responsible for the goods once they have been delivered to the address set out in the estimate. In other words, the risk in the goods passes to you when you take, or a third party nominated by you takes, possession of the goods.
13.4. We may deliver your goods in instalments.
13.5. You are responsible for ensuring the delivery location is safe, accessible and suitable for delivery of the goods. This includes ensuring that:
(a) the delivery address can be safely accessed by our or our nominated third-party’s delivery vehicles, and
(b) any building, installation or preparatory works required to receive the goods or have them installed have been completed.
13.6. If delivery cannot take place because suitable access has not been provided or the delivery location is not ready to receive the goods, we may rearrange delivery for a later date and may charge you for any reasonable additional delivery or storage costs incurred as a result.
13.7. You must inspect the goods as soon as reasonably practicable after delivery and notify us promptly of any visible damage, defects or shortages.
14. Title to goods
Title to any goods supplied under this contract will remain with us until we have received payment in full for those goods.
15. Payment
15.1. We will issue an invoice for our services and goods in instalments, including a deposit and staged payments, to be agreed with you prior to commencement of the supply of services and goods.
15.2. Each invoice we issue is payable by bank transfer on receipt. We do not accept cash or cheque payments. 15.3. If your payment is not received by us in accordance with section 15.2, we may charge interest on any balance outstanding at the rate of 2% a year above the Bank of England base rate in force from time to time. We will email you to let you know if we intend to do this.
15.4. We may only suspend the supply of services and delivery of goods until overdue sums are paid in full if:
(a) any undisputed invoice remains unpaid for more than 7 days after we have reminded you that payment is overdue, and
(b) we have given you written notice of our intention to suspend the supply of services or delivery of goods if payment is not made in full.
15.5. Any delivery dates or estimated completion dates will be extended by a reasonable period to reflect any delay caused by a suspension under section 15.4 above. 15.6. Nothing in this section 15 affects your legal rights to cancel the contract during the cancellation period as set out in sections 8 and 9 of this contract.
15.7. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude any services that are not specifically set out in the estimate.
16. Nature of the services
16.1. You have certain legal rights in relation to the nature of the services, also known as ‘statutory rights’. The services that we provide to you must be carried out with reasonable care and skill. In addition:
(a) where the price has not been agreed upfront, the cost of the services must be reasonable, and
(b) where no time has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
16.2. We are under a legal duty to supply you with services that are in conformity with this contract.
17. Nature of the goods
17.1. We are under a legal duty to supply you with goods that are in conformity with the estimate and this contract.
17.2. Any goods sold at discount prices, as remnants or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
17.3. If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
(a) we will let you know if we intend to do this but this may not always be possible, and
(b) you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
18. Faulty services and goods 18.1. Your legal rights in relation to faulty services and goods, also known as ‘statutory rights’, are set out in section 1 of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us: (a) contact us using the contact details in section 2 of this contract, or (b) visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
18.2. Nothing in this contract affects your legal rights if the services or goods are faulty, also known as ‘statutory rights’. You may also have other rights in law.
18.3. If the services or goods we have provided to you are faulty, please contact us using the contact details in section 2 of this contract.
19. End of the contract
If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.
20. Photographs and portfolio use
20.1. We may take photographs of completed works for our portfolio, website, social media pages and other marketing and promotional materials.
20.2. We will not publish your name, address or any other identifying personal information without your consent.
21. Limitation on our liability
21.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable law relating to the protection of your personal information, we are not legally responsible for any:
(a) losses that were not foreseeable to you and us when the contract was formed,
(b) losses that were not caused by any breach on our part,
(c) losses that were caused by any third party,
(d) business losses, or
(e) losses to non-consumers.
21.2. In all other cases, we will not be responsible for any losses that exceed a sum equal to 150% of the price paid to us for the services.
22. Third-party rights
No one other than you or us has any right to enforce any term of this contract.
23. Disputes
23.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible using the contact details in section 2 of this contract.
23.2. The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
23.3. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the United Kingdom in which you live.
