TERMS & CONDITIONS
1 Formation of Contract
1.1 These Terms and Conditions together with the estimate of works (“Estimates”) provided by Skela Studio which describe the services set out the entire agreement between Skela Studio and you (the “Client”) and will apply once an appointment has been made to provide Skela Studio services (the “Services”)
1.2 Before procuring the Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services.
2 Skela Studio Scope of Work
2.1 Skela Studio has been retained to provide interior design services only. Skela Studio is not a general contractor and will not act in such capacity. Any issues concerning construction elements must be discussed between the owner and his/her contractor.
2.2 Skela Studio endeavour to advise the client of the predicted timescale of works as soon as is possible after the quotes have been produced. All such dates shall be approximated only and Skela Studio cannot be held responsible for any delay in completion.
2.3 Skela Studio is responsible for organising Third Party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for the Client, such as decorating, building work, carpet fitting, curtain and blind manufacture and fitting and such other work as confirmed by Skela Studio.
2.4 Due to the nature of the Interior Design business we cannot guarantee that Clients will always like our recommendations. Interior Design can be subjective. Unfortunately, we cannot provide any refunds in this case. However please feel free to contact Skela Studio and we will be happy to discuss the design concept further over the phone and perhaps make further recommendations via phone/email in special cases.
3 Client Obligation
3.1 The Client shall ensure that the property is accessible to employees of Skela Studio and any third party suppliers providing services throughout the duration of the works.
3.2 The client will ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to Skela Studio.
4 Purchasing of Rental Product
4.1 From time to time, Skela Studio may need to purchase products for the Client in addition to the scope of work already proposed. In such cases, full payment of the agreed purchase price is required from the Client prior to purchasing the agreed products.
4.2 In cases where furniture or accessories have been rented, it remains the Client’s responsibility to ensure the furniture and accessories against all risks, damage or loss.
5 Third-Party Suppliers
5.1 The Client will form a contractual relationship with Third Party Suppliers and will be responsible for managing these relationships and any financial settlements direct with Third Party Suppliers.
5.2 If so requested, Skela Studio may coordinate the services and financial settlements with the Third Party Suppliers on their behalf, as part of the service undertaken, but the Client will remain ultimately responsible for the contractual relationship with the Third Party Supplier.
5.3 Skela Studio is not responsible for forming any contractual relationship on behalf of the client.
6 Payment and Billing Terms
6.1 The charges for the services are set out in the Estimate accompanying these terms and conditions or as amended or updated by Skela Studio and communicated to the Client.
6.2 Payment should be made by bank transfer.
6.3 All payments to Skela Studio are due up to a week upon presentation of invoice.
6.4 Interest at the rate of 5% per month shall be payable on all accounts not settled by their due date.
6.5 The interest will be added monthly thereafter from the due date until the settlement is received.
6.6 Should Skela Studio have to instruct a debt recovery agency, or instigate legal proceedings, the Client will be liable for any costs incurred.
7 Cancellation and Termination Policy
7.1 The Client has the right to cancel this contract (the “Contract”) at any time up to the end of fourteen working days after the day on which the Contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
7.2 The client does not have the right to cancel the Contract if the supply of the Service begins with the Client’s agreement before the end of the fourteen-working day cancellation period.
7.3 To exercise the right of cancellation as set out in clause 7., the Client must give written notice to Skela Studio by hand or post or email at Skela Studio address or email as set out in clause 9.2 below.
7.4 Once the client has notified Skela Studio that the Client is cancelling the Contract, Skela Studio will within 30 days refund the Client for the Services.
7.5 Following the fourteen-day period set out in clause 7.1, the client has the right to terminate the contract at any time giving notice in writing to Skela Studio. The Client will be liable to pay Skela Studio for the services provided to the date of Termination (including but not limited to Services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any travel or accommodation costs incurred by Skela Studio Consultants).
7.6 A delay by either party in acting on a breach of this contract will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.
7.7 Termination of the contract will not affect either party’s outstanding rights or duties, including Skela Studio’s right to recover any money owing to it under these terms and conditions.
8 Liability
8.1 Skela Studio shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instruction supplied by the client which is or are incomplete, incorrect or inaccurate.
8.2 Skela Studio shall not be liable to the Client for any unforeseeable loss or damage arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
8.3 Neither Skela Studio, nor the client shall be liable for any failure to perform its duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or otherwise adverse weather conditions.
8.4 To enable Skela Studio to deal with any complaints that may arise relating to the Services, the Client must provide full details of any complaints within 7 days of the supply of the relevant services.
8.5 Nothing in these Terms and Conditions affects any liability for death or personal injury caused by Skela Studio’s negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
9 Data Protection
9.1 Skela Studio will only use personal information provided by the Client for the purpose of providing the Services, or for informing the client of the availability of similar services unless the client agrees otherwise.
9.2 The Client can correct any information, or ask for information about the Client to be deleted, by emailing [email protected]
9.3 We have taken every measure to prevent internet fraud and ensure data collection from you is stored as securely as possible. However, we cannot be liable in the event of a breach in our secure computer servers.
10 Intellectual Property
10.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of Skela Studio in connection with the Services shall belong to Skela Studio absolutely and any such materials, documents or items shall be or remain the sole property of Skela Studio.
10.2 Skela Studio shall be permitted to use photographs of the Client’s property which demonstrates the Services provided by Skela Studio for its own marketing purposes.
10.3 The client shall be entitled to use any such materials, documents or other items as are referred to in paragraph 10.1 in connection with the Services but shall not be entitled to copy any such items or use them for any commercial purpose.
10.4 In accessing the website you agree that you will access the content solely for your personal, non-commercial use.
11 General
11.1 Skela Studio may assign or sub-contract the Contract if this is necessary for operational reasons or in connection with a business transfer or reorganisation. Otherwise, the contract is not transferable by either party.
11.2 These Terms and Conditions and the Contract will be subject to Scottish law, and the Sottish courts will have jurisdiction in respect of any dispute arising from the Contract.