TERMS & CONDITIONS
Application and entire agreement
These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Helo Interiors (we or us) to the person buying the services (you).
You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
A "business day" means any day between the hours of 9am & 2:30pm Monday to Friday and Saturday for appointments only, other than a Sunday or bank holiday in England and Wales. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
Services
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you of this if necessary.
We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
All these Terms and Conditions apply to the Services unless we specify otherwise.
Your obligations
You must obtain any Building permissions, consents, licences or otherwise that are needed to undertake any building works required on the project. You must allow us access to all relevant information, materials, properties, and any other matters which we need to provide the Services.
If you do not comply with clause 10, we can terminate the Services.
From time to time to provide the best Service possible we may suggest the removal or relocation of internal walls, windows, radiators, doors, power sockets. This is done to the best of our knowledge however advice from the relevant Trade professional must always be sought prior to any works taking place, along with the relevant Building permissions & consents put into place.
We are not liable for any permissions & / or consents not being put in place by you or advice not being sought from a Trade professional.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
You acknowledge and agree that any 2D and 3D designs I produce for you is intended for illustrative and inspirational purposes only and is not intended to provide an exact specification for an interior design project nor to guarantee specific results, nor will it necessarily comply with any relevant construction laws, regulations, or guidance, whether statutory or non-statutory.
Helo Interiors do not accept any responsibility or liability for any incorrect furniture ordered by you or a third party, or furniture that may be the wrong size, wrong colour or arrive damaged. I work on the assumption that all clients check the dimensions of the furniture pieces recommended to them before purchasing. I will not accept any liability or responsibility for furniture ordered by you that is not to your satisfaction or needs to be returned for any other reason.
Unless requested and agreed with Helo Interiors it is your responsibility to check any product ordered by you will pass freely into the room of choice, that they will fit in that room, can be transported via any door, stairs and doorways, and there are no other issues that could add difficulties to delivery or frustrate delivery. Helo Interiors will not accept liability for any purchases, alterations made in relation to the 2D or 3D illustrative image.
Your Warranties
You warrant that:
You are 18 years of age or older;
You have provided accurate and valid information requested during the registration process;
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the design plan without the express written permission of Helo Interiors.
Fees and Deposit
The fee (Fees) for the Services is set out in the quotation and are on a time and materials basis. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses which will be discussed in quotation, b) the cost of services provided by third parties and required by us for the performance of the Services - this will be agreed with yourself prior to third party involvement, and c) the cost of any materials required for the provision of the Services. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate (£50) in effect at the time of performance or such other rate as may be agreed between us.
The provisions of clause 14 also apply to these additional services.
You must pay a deposit / first payment ("Deposit") as detailed in the quotation at the time of accepting the quotation (50% of estimated costs paid before job starts).
If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).
The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
Cancellation and amendment
We can withdraw, cancel, or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 7 days from the date of the quotation, (unless the quotation has been withdrawn).
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we need to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
We will invoice you for payment of the Fees either:
when we have completed the Services;
or on the invoice dates set out in the quotation.
You must pay the Fees due within 5 working days of the date of our invoice or otherwise in accordance with any credit terms agreed between us. Full payment terms are outlined in initial quotation and will be expected on delivery of all working files.
Time for payment shall be of the essence of the Contract.
Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 20% per week on the amount outstanding until payment is received in full.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other to justify withholding payment of any such amount in whole or in part.
If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with you.
Receipts for payment will be issued by us only at your request.
All payments must be made in British Pounds and by bank transfer unless otherwise agreed in writing between us.
Sub-Contracting and assignment
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all our obligations to any third party. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
We can terminate the provision of the Services immediately if you:
commit a material breach of your obligations under these Terms and Conditions; or
fail to make payment of any amount due under the Contract on the due date for payment; or are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Should contact cease for a continuous period of three months or you fail to provide responses to Helo Interiors that Helo Interiors consider to be satisfactory in assisting progression of your design, Helo Interiors will regard your project as completed and no further work will be carried out and we also reserve the right to terminate our Services forthwith in those circumstances.
Intellectual property
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or
misrepresentation or otherwise, shall be limited as set out in this clause.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
any indirect, special or consequential loss, damage, costs, or expenses or;
any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; other third-party claims; or;
any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party's control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, covid 19, or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
when sent, if transmitted by email and a successful transmission report or return receipt is generated;
on the fifth business day following mailing, if mailed by national ordinary mail;
All notices under these Terms and Conditions must be addressed to the most recent postal address or email address notified to the other party.
No waiver
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Recommendations
Where applicable we can recommend suitable Trade professionals to undertake the relevant building works required; any other Trade professionals should have their own Terms & Conditions and should be employed directly by you. We take no responsibility for their workmanship and are no way affiliated with the selected Trade professional.
Severance
If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.