Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:
- “Consumer” is as defined in the Consumer Rights Act 2015;
- “Contract” means the contract formed between you and us;
- “Client/You/Your” means you, the Consumer, firm or corporate body purchasing the Services;
- “Proposal” means our estimate for providing the interior design Services, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of works. This may be by way of a formal fee proposal or an email confirmation;
- “Services” means the interior design services to be provided by us to you as detailed in our Proposal; and
- “Website” means /www.batoolnohan.com/
- Each reference in these Terms and Conditions to:
- “writing” and “written” includes emails;
- A statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
- The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
- Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.
These Terms and Conditions govern the sale of all Services provided by us and will form the basis of the Contract between you and us.
Following our initial consultation, we will provide you with a Proposal for the Services you have requested. This will be based on the brief given by you (or received in our Client Questionnaire). All details of the project or any relevant information must be given to us fully and to the best of your knowledge. A legally binding Contract between you and us will be created when you accept our Proposal. Before accepting our Proposal, please ensure that you have read these Terms and Conditions carefully. No terms or conditions issued or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
Any Proposal we may send is based on the information provided us at the time we prepare it. If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to it.
Billing, Pricing and Payment
We have two types of billing:
a) Net Price – per-project price, pre-determined at the start of the project or
b) Hourly rated – billed according to the time utilized.
Contracted projects are typically billed in this way, you send us the agreed deposit before we start the work, and then you send us the rest after the final job is done. However, other billing arrangements are possible upon agreement by both parties. Invoices are submitted via e-mail as a Word, Excel or PDF file, or via fax, or (upon request) via postal mail. All prices are in British Pound Sterling.
Payment is due fourteen (14) days from receipt of invoice.
Late payments will be charged additional interest fees or penalties.
Batool Nohan Interiors currently accepts the following payment method options:
- Online payment via PayPal
- Online credit card payment by Mastercard or Visa
- Direct Bank Transfer
- Credit Card
You may pay by your Paypal account or Mastercard or Visa.
Interior Design Services
We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice. Our Services, and any guidance we provide, will be from an interior design perspective only.
We will provide you with a number of designs which will need to be approved by you in writing. We will accommodate a maximum of two revisions to your chosen design. Any further alterations, any changes to the original brief, any changes required after you have approved the design, works required outside of our normal working hours (Monday to Friday, 9am – 6 pm excluding bank holidays) or any additional visits required above the allowance included for in our Proposal will be chargeable at our hourly rate applicable at the time.
If you require any additional services after accepting our Proposal, we will provide you with a further Proposal, which must be accepted by you in writing before we will proceed.
It is your responsibility to check all dimensions and measurements set out in any plans we provide and it is the builder or contractor’s responsibility to report any discrepancies to us prior to any construction or building work starting.
If we are asked to provide lighting, heating, flooring or other plans, we will produce these as guidance only from a design point of view. It will be the relevant contractor’s responsibility to ensure the work from the plans we have created is safe and practical.
We may provide suggestions for products or other services to be provided as part of your project. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the relevant supplier is suitable for your needs.
Any timescales we provide are for guidance only and are not of the essence of the Contract.
License to use website
Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You must not:
- re-publish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public for a commercial purpose;
- re-produce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
- edit or otherwise modify any material on the website; or
- Re-distribute material from this website except for content specifically and expressly made available for redistribution.
- You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
- You must not use our website to transmit or send unsolicited commercial communications.
- You must not use our website for any purposes related to marketing for a commercial purpose, gain or benefit without our express written consent.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
User generated content
Submit to our website and our blog and when following us on twitter or other social media, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these Terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without our prior written consent.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
Whilst every effort is made to keep the website up and running smoothly, we do however exclude any liability to you should the website and/or any of the associated resources not be available to you at any particular time.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitation of Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable;
- We provide or sell all services to you only for your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that we provide or sell to you are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
- Nothing in these terms and conditions is intended to or will exclude or limit our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation;
You hereby indemnify Us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these Terms and conditions.
Breaches of these Terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, We may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting You from accessing the website, blocking computers using Your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our Website from the date of the publication of the revised terms and conditions on our Website. Please check this page regularly to ensure you are familiar with the current version.
If a provision of these Terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third party rights
These Terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and conditions is not subject to the consent of any third party.
These Terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
How We Use Your Personal Information (Data Protection)
- All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- We may use Your personal information as follows:
- to provide our services to you;
- to process Your payment for the Services;
- We will not pass on your personal information to any other third parties without first obtaining your express permission.
We always welcome feedback from our customers and, whilst we always use all reasonable endeavors to ensure that your experience is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our services, please raise the matter and contact us.
No failure or delay by us or you in exercising any rights under these Terms and conditions means that we or you have waived that right, and no waiver by us or you of a breach of any provision of these Terms and conditions means that we or you will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and conditions and the remainder of the provision in question shall not be affected.
Law and Jurisdiction
- These Terms and conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales].
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales, United Arab Emirates and Australia as determined by your residency.