MAUREEN GOMEZ INTERIORS LTD
Terms & Conditions
Interior Design • Procurement • Project Coordination
These Terms & Conditions apply to services provided by Maureen Gomez Interiors Ltd (“MGI”). They should be read together with the relevant Fee Proposal, which sets out the scope, fees and project-specific arrangements.
1. Definitions and Interpretation
In these Terms & Conditions, unless the context requires otherwise:
“Client / You / Your” the person, persons, firm or company purchasing Services or Goods from MGI.
“Consumer” an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
“Contract” the legally binding agreement between MGI and the Client comprising the accepted Proposal, these Terms & Conditions and any written variations agreed by the parties.
“Goods” furniture, furnishings, lighting, sanitaryware, brassware, fabrics, window treatments, floor coverings, finishes, tiles, ironmongery, artwork, accessories, antiques, bespoke items and other products supplied by MGI for the Project.
“Project” the property and interior design project described in the Proposal.
“Proposal” MGI’s fee proposal, quotation, scope of services or written confirmation setting out the Services, fees and project-specific arrangements.
“Services” the interior design, procurement, coordination, styling and other professional services described in the Proposal.
References to “writing” include email. Headings are for convenience only. References to legislation include amendments and replacements in force from time to time.
2. Formation of the Contract
2.1 Acceptance
A Contract is formed when the Client accepts MGI’s Proposal in writing, pays any initial invoice or deposit requested, or instructs MGI to begin work, whichever occurs first.
2.2 Project information
The Proposal is prepared from the information available to MGI at the time. The Client must provide complete and accurate information about the property, budget, brief, programme and any known restrictions. If information later proves incomplete or inaccurate and materially affects the Services, MGI may revise the scope, programme or fees.
2.3 Order of documents
If there is a conflict between these Terms & Conditions and the Proposal, the Proposal will take precedence in relation to the project-specific scope, fees and payment schedule, unless expressly stated otherwise.
3. Interior Design Services
3.1 Standard of service
MGI will provide the Services with reasonable care and skill. Advice is given from an interior design perspective unless the Proposal expressly states otherwise.
3.2 Design development and revisions
The number of design options and revisions included will be stated in the Proposal. Unless otherwise stated, up to two reasonable rounds of revisions to the selected design are included. Further revisions, changes to an approved design, changes to the original brief, additional visits or work outside the agreed scope may be charged as Additional Services.
3.3 Additional Services
Where practicable, MGI will notify the Client before undertaking material Additional Services and will confirm the applicable fee or hourly rate. Urgent work reasonably required to protect the design intent or keep the Project moving may be undertaken where it is not practicable to obtain prior approval, provided the additional cost is reasonable in the circumstances.
3.4 Drawings, visuals and specifications
Sketches, mood boards, renders, models and visualisations are illustrative design tools. Colours, textures, proportions and finishes may appear differently on screen or in print. Drawings marked or described as construction information may be used for their stated purpose, but all dimensions and site conditions must be verified by the relevant contractor before manufacture, ordering or construction.
3.5 Technical responsibility
MGI is not an architect, structural engineer, quantity surveyor, building control body, construction project manager, contract administrator, Principal Designer or Principal Contractor unless expressly appointed in writing to a specific role for which MGI is appropriately qualified and insured.
Builders, contractors and specialist trades remain responsible for construction methods, workmanship, setting out, site measurements, sequencing, temporary works, installation, health and safety, statutory compliance and compliance with Building Regulations and manufacturers’ instructions.
3.6 Lighting, electrical, heating and plumbing layouts
Any such layouts produced by MGI communicate design intent. The relevant qualified contractor must verify technical feasibility, loading, safety, regulatory compliance and final installation requirements before carrying out the work.
3.7 Site visits
Site visits are for design review and coordination only unless the Proposal expressly states otherwise. MGI does not continuously supervise the works and cannot guarantee that contractors will follow the design or identify every defect or departure from the drawings.
3.8 Programme
Any programme or completion date provided by MGI is an estimate unless expressly agreed as a fixed contractual date. MGI is not responsible for delays caused by the Client, contractors, consultants, suppliers, planning or statutory authorities, product lead times, site conditions or other matters outside MGI’s reasonable control.
4. Client Responsibilities
The Client agrees to:
· provide timely decisions, approvals, access and accurate information;
· ensure that MGI has reasonable access to the property when required;
· appoint appropriately qualified and insured contractors and consultants where required;
· ensure that contractors check dimensions and site conditions before ordering, manufacture or construction;
· obtain all necessary permissions, licences, consents and approvals unless the Proposal expressly makes MGI responsible for doing so; and
· notify MGI promptly of any concern, discrepancy, site change or instruction that may affect the design.
MGI is entitled to rely on information, drawings, surveys and advice supplied by the Client or by third parties appointed by the Client, unless an error is obvious to a reasonably competent interior designer.
5. Contractors, Consultants and Introductions
5.1 Direct appointment
Builders, contractors, craftspeople, installers, architects, engineers, surveyors and other consultants introduced or recommended by MGI will ordinarily be appointed directly by the Client. Their contract is with the Client, not MGI.
5.2 Independent responsibility
MGI is not responsible for an independently appointed third party’s workmanship, acts, omissions, pricing, solvency, programme, insurance, health and safety obligations or contractual performance. MGI may review quotations or coordinate with such parties as part of the Services, but this does not make MGI their employer, partner, principal, subcontractor or guarantor.
5.3 Referral fees and commissions
MGI may receive a referral fee, commission or other commercial benefit from a contractor, consultant or other third party introduced to the Project. Where applicable, MGI will disclose the existence of the arrangement to the Client and, where appropriate, the amount or basis on which it is calculated before the relevant appointment. The Client remains free to appoint another provider.
6. Procurement and Purchasing
6.1 Procurement service
Where procurement is included in the Proposal, MGI may source, quote, order, purchase and coordinate Goods for the Project. The service may include supplier liaison, checking order details, monitoring lead times, coordinating delivery and installation, maintaining purchasing records and assisting with shortages, damage, returns or replacements.
6.2 MGI acting as principal
Unless MGI expressly agrees otherwise in writing for a particular transaction, Goods ordered by MGI in MGI’s own name will be purchased and supplied to the Client by MGI acting as principal and not as the Client’s agent. MGI will contract with the supplier for the purchase of those Goods and will separately supply the Goods to the Client.
6.3 Client approval
MGI will not normally place an order until the Client has approved the relevant item and the price payable by the Client. Approval may be given by email, message, signed schedule or another agreed written method. The Client is responsible for reviewing the description, dimensions, quantity, colour, finish and other details submitted for approval.
Once an approved order has been placed or MGI has otherwise become committed to the supplier, it may not be possible to amend or cancel it. This does not affect any statutory rights that apply.
6.4 Price of Goods and trade terms
The price quoted or invoiced by MGI is the price at which MGI offers to supply the Goods to the Client. MGI’s purchase price and commercial terms with its suppliers may differ from the price charged to the Client.
Unless expressly agreed otherwise in writing, trade discounts, preferential pricing, rebates and other supplier benefits available to MGI belong to MGI. MGI is not required to disclose its underlying supplier purchase price or the amount of a trade discount. The Client decides whether to approve the purchase on the basis of the price quoted by MGI.
6.5 Procurement fee
Any procurement fee in the Proposal is a professional fee for MGI’s sourcing, administration and management of procurement. It is separate from the price of Goods and from any delivery, storage, installation, customs, import, clearance or other third-party charges unless the Proposal expressly states otherwise.
6.6 Payment before ordering
MGI may require payment in full for approved Goods before placing an order and is not obliged to commit its own funds or credit to a supplier. MGI may invoice for individual Goods or for groups of approved purchases. Any unapplied amount remaining after completion or termination of procurement will be accounted for and returned to the Client, less any sums properly due to MGI.
6.7 Availability and price changes
Goods remain subject to availability until the supplier accepts the order. Supplier prices, specifications, finishes and lead times may change. If an approved item becomes unavailable or materially changes before ordering, MGI will inform the Client and, where reasonably practicable, propose an alternative.
6.8 Delivery, storage and import costs
Unless expressly included in MGI’s quotation, delivery, courier, freight, specialist handling, storage, installation, customs charges, import duties, clearance fees and similar third-party costs are additional and payable by the Client. Delivery dates are estimates and may change for reasons outside MGI’s reasonable control.
6.9 Bespoke, made-to-order, natural, antique and vintage Goods
Bespoke, personalised, made-to-measure, specially commissioned, altered or cut-to-length Goods may have restricted cancellation or return rights. MGI will communicate known supplier restrictions where reasonably practicable before ordering. Nothing in these Terms limits rights that cannot lawfully be excluded.
The Client acknowledges that handmade, natural, antique and vintage Goods may show variations in colour, texture, grain, patina, dimensions, wear or finish consistent with their nature and age. Such inherent characteristics are not necessarily defects.
6.10 Inspection, damage and defects
The Client should inspect Goods promptly after delivery and notify MGI as soon as reasonably practicable of apparent damage, shortage, incorrect supply or defect. Where MGI supplied the Goods as principal, MGI will deal with the Client in accordance with applicable legal obligations and consumer rights and may liaise with the original supplier or manufacturer to arrange an appropriate remedy.
6.11 Cancellations and discretionary returns
Where a return or cancellation is requested for reasons other than a defect, damage, misdescription or another statutory right, acceptance will depend on the nature of the Goods and the applicable arrangements. Where permitted by law, reasonable return carriage, collection, restocking or other third-party costs may be payable by the Client.
6.12 Client-direct purchases
If the Client purchases Goods directly from a supplier, the purchase contract is between the Client and that supplier. MGI is not responsible for payment, delivery, cancellation, defects, returns or refunds relating to Client-direct purchases, although MGI may provide reasonable design or coordination assistance if included in the Services.
6.13 Specific agency purchases
MGI may occasionally agree in writing to arrange a particular purchase as the Client’s disclosed agent. Where this applies, the underlying supply will, so far as reasonably practicable, be contracted and invoiced between the Client and the supplier, and the agency arrangement will apply only to the identified transaction.
6.14 Excluded procurement
Unless expressly included in the Proposal, paint, general building materials, construction materials and items ordinarily supplied by the main contractor or specialist trade are excluded from MGI procurement. A material increase in the volume or nature of procurement may constitute an Additional Service.
7. Fees, Expenses and Payment
7.1 Fees
Fees and the payment schedule are set out in the Proposal. If the Proposal contains a payment schedule, that schedule takes precedence over any general payment wording in these Terms.
7.2 VAT
Fees and prices will be stated as inclusive or exclusive of VAT as applicable. VAT will be charged where legally required.
7.3 Invoices
Unless otherwise stated in the Proposal or invoice, invoices are payable within 7 calendar days of the invoice date, without set-off, withholding or deduction except where required by law.
7.4 Late payment and suspension
If an undisputed invoice remains unpaid after the due date, MGI may suspend Services and procurement until payment is received. MGI may charge interest on overdue sums at 4% per annum above the Bank of England base rate, calculated daily, to the extent permitted by law.
7.5 Expenses and travel
Reasonable project expenses not included in the fixed fee may be charged where stated in the Proposal or agreed with the Client. Unless otherwise agreed, travel outside London Zone 3 may be charged at MGI’s then-current travel rate together with reasonable travel time and associated costs.
7.6 Project delay
If a phase of the Project is delayed or paused for 2 month or more for reasons outside MGI’s reasonable control, MGI may review the programme and fees before recommencing work.
8. Changes, Additional Services and Client Delays
8.1 Changes to the brief
If the Client changes the brief, approved design, scope, programme or budget, MGI may adjust its fees and timescales to reflect the additional work.
8.2 Delays in decisions
MGI is not responsible for delay or additional cost caused by late approvals, lack of access, incomplete information or changes requested by the Client. Where such matters cause additional work, MGI may charge for that work.
8.3 Changes outside MGI’s control
If circumstances outside MGI’s reasonable control require changes to the Services or programme, MGI will notify the Client and seek a reasonable alternative where practicable.
9. Consumer Cancellation Rights
9.1 Services
Where the Client is a Consumer and the Contract is concluded at a distance or away from MGI’s business premises, the Client may have a statutory right to cancel the Services contract within 14 days after the Contract is made. MGI will provide any cancellation information required by law.
9.2 Starting work during the cancellation period
If the Client asks MGI to begin Services during a statutory cancellation period, the Client may be required to pay a proportionate amount for Services supplied before cancellation. Where the Services have been fully performed following the Client’s express request and acknowledgement, the statutory cancellation right may be lost where the law permits.
9.3 Goods
Where statutory distance or off-premises cancellation rights apply to Goods, the cancellation period and procedure will be governed by applicable consumer law. Different rules or exceptions may apply to bespoke, personalised or made-to-measure Goods.
9.4 Statutory rights
Nothing in these Terms excludes or restricts any consumer right that cannot lawfully be excluded or restricted.
10. Termination
10.1 Termination by the Client
After any applicable statutory cooling-off period, the Client may terminate the Services by giving at least 14 days’ written notice, unless the Proposal provides otherwise. The Client must pay for Services performed, approved Goods ordered, non-cancellable commitments, Additional Services and properly incurred costs up to the effective date of termination.
10.2 Termination or suspension by MGI
MGI may suspend or terminate the Contract on written notice if the Client materially breaches the Contract and, where the breach can be remedied, fails to remedy it within 14 days after being asked to do so. MGI may suspend more quickly where continued work would create a material financial, legal, safety or professional risk.
10.3 Insolvency
Either party may terminate where the other becomes insolvent, enters liquidation other than for a solvent reconstruction, has a receiver or administrator appointed, or ceases to trade, subject to applicable insolvency law.
10.4 Effect of termination
Termination does not affect rights and liabilities already accrued. On payment of all sums due, MGI will provide the Client with completed project material to which the Client is entitled under the Contract. Clauses intended by their nature to continue after termination will remain in force.
11. Liability and Insurance
11.1 Consumer Clients
MGI is responsible for losses that are a foreseeable consequence of MGI’s breach of the Contract or failure to exercise reasonable care and skill. MGI is not responsible for losses caused by matters outside its reasonable control or by the acts or omissions of independent contractors, consultants or suppliers except to the extent that the law makes MGI responsible.
11.2 Business Clients
Where the Client is not a Consumer, MGI will not be liable for loss of profit, loss of business, loss of opportunity or indirect or consequential loss. Subject to clause 11.4, MGI’s aggregate liability arising from the Services will not exceed the total professional fees paid to MGI under the relevant Proposal, except where a different limitation is expressly agreed in writing.
11.3 Reliance on others
MGI is not responsible for an error resulting from inaccurate information, measurements, drawings or professional advice supplied by the Client or a third party where it was reasonable for MGI to rely on that information.
11.4 Liability that cannot be excluded
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability or statutory right that cannot lawfully be excluded or limited.
11.5 Insurance
MGI maintains professional indemnity and public/products liability insurance appropriate to its business. Details are available on reasonable request.
12. Intellectual Property
12.1 Ownership
MGI retains copyright and all other intellectual property rights in its drawings, designs, specifications, schedules, models, renders, concepts, documents and other original material.
12.2 Client licence
Once all sums due for the relevant work have been paid, MGI grants the Client a non-exclusive licence to use the final issued design material solely for the Project and property for which it was created. The licence does not transfer ownership of MGI’s intellectual property.
12.3 Draft material
Draft concepts, rejected schemes, working files and editable source files are not included in the licence unless expressly agreed in writing.
12.4 Editable files
MGI is not obliged to provide CAD, SketchUp, editable source files or other material capable of alteration by third parties. If MGI agrees to provide such files, additional terms and fees may apply.
12.5 Third-party material
The Client warrants that it has permission to provide MGI with any drawings, photographs or other material supplied for use on the Project.
13. Photography, Publicity and Confidentiality
13.1 Project photography
MGI may request permission to photograph completed work for its portfolio, website, social media, editorial submissions and other legitimate promotional purposes. MGI will respect a written request from the Client not to identify the Client or disclose the precise property address.
13.2 Publicity
Where reasonably practicable, MGI will avoid publishing information that would unnecessarily compromise the Client’s privacy or security.
13.3 Confidential information
Each party will keep confidential information received from the other confidential, except where disclosure is required for the Project, by law, to professional advisers or insurers, or with the other party’s consent.
14. Events Outside MGI’s Control
MGI will not be liable for failure or delay caused by events beyond its reasonable control, including serious transport disruption, supplier or manufacturer failure, industrial action, fire, flood, severe weather, utility or communications failure, epidemic or pandemic, war, civil unrest, governmental action or similar events. MGI will take reasonable steps to minimise the effect on the Project and resume performance when reasonably practicable.
15. Complaints
MGI welcomes feedback. If the Client has a complaint, it should be sent to MGI in writing with sufficient detail for the matter to be investigated. MGI will acknowledge and seek to respond substantively within 14 days where reasonably practicable. The parties are encouraged to try to resolve disputes in good faith before commencing proceedings.
16. Data Protection
MGI will process personal data in accordance with applicable UK data protection law, including the UK GDPR and Data Protection Act 2018, and in accordance with MGI’s Privacy Policy where applicable.
17. General
17.1 Assignment
MGI may assign or transfer the Contract as part of a genuine transfer or reorganisation of its business, provided this does not reduce the Client’s legal rights. The Client may not assign the Contract without MGI’s written consent, except where the law provides otherwise.
17.2 Third-party rights
Unless expressly stated otherwise, no person other than MGI and the Client has a right to enforce the Contract.
17.3 Severability
If any provision is found unlawful or unenforceable, it will be treated as modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect.
17.4 Waiver
A failure or delay in exercising a right does not waive that right.
17.5 Entire agreement
The Contract records the agreement between the parties concerning the Services and Goods, subject always to rights that cannot lawfully be excluded. Any variation must be agreed in writing.
18. Governing Law and Jurisdiction
The Contract and any non-contractual obligations arising from it are governed by the law of England and Wales. If the Client is a Consumer, nothing in this clause deprives the Client of any mandatory protection or right to bring proceedings available under applicable law. Subject to those rights, the courts of England and Wales will have jurisdiction.