TERMS & CONDITIONS

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our services to you, including goods where relevant.

1.2 Why you should read them. Please read these terms carefully before you submit your request for our services or your order for goods to us. These terms tell you who we are, how we will provide services or goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are The Chaps Design LLC, a company registered in the United States. Our company registration number is 92-3941693 and our registered office is at 1060 stillwater drive, 33141, Miami Beach.

2.2 How to contact us. You can contact us by emailing customer service team at thechaps.design@gmail.com

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to us in your request for our services.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your request for our services or order for our goods. Our acceptance of your request or order will take place when we email or call you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your request or order. If we are unable to accept your request or order, we will inform you of this in writing and will not charge you. This may be due to unexpected limitations that we could not reasonably plan for, because we identified an error and were unable to meet a delivery time specified by you.

3.3 Your contract/order number. We will assign a number to your request or order and tell you what it is when we accept your request or order. It will help us if you can tell us this number whenever you contact us about your request or order that we are providing to you.

4. Services

4.1 Initial consultation on the design. We will conduct an initial consultation regarding your requirements before preparing a fee proposal and a statement of work. As part of the initial consultation, we will review the project and your specifications. This first consultation will be billed at $250.00.

4.2 Description. Our services will consist of the following:

4.2.1 Design Brief. Following the initial design consultation, we will prepare a substantive fee proposal (as commented further under clause 12.2) and detailed design brief for your approval before undertaking the further services listed in this clause 4.2. Once you have had time to consider the design brief, we can consult further (in person, by phone or in writing) to discuss any changes you require and we shall produce a revised fee proposal. Once you are happy with the fee proposal, we will then issue you with an invoice. By making requested payment, you are indicating your agreement to the fee proposal and design brief.

4.2.2 Spatial Review. We will prepare a spatial review of the scaled architectural drawings supplied by you for all areas of the project. We will prepare hand drawn conceptual plans and functional requirements for space, furniture and joinery (unless this is not needed as documented in the design brief).

4.2.3 Style Guide. We will prepare a conceptual mood board in the most appropriate presentation format, tailored to your specific requirements as documented in the design brief. We will choose a number of key elements, e.g. furniture, materials, paint colors, lighting, window treatments, accessories, art and so on, to illustrate each area which may use images, hand-drawn sketches or samples. As this guide will be prepared to the design brief, any revisions required will not be included within the agreed pricing and such revisions will be additional services (see below under clause 4.3).

4.3 Additional services. If revisions are required to the above noted services, or if any additional projects or services are needed by you above and beyond those covered in clause 4.2, we will agree a new fee proposal and design brief.

4.4 What we need from you. Unless otherwise agreed in the design brief, we will need the following items from you to perform the services:

4.4.1 Sufficient information to prepare the design brief. We will obtain this information at the initial design consultation.
4.4.2 Scaled architectural plans and elevations (scale 1:50 or 1:100) for the project.
4.4.3 Existing project photos, where available.
4.4.4 Conceptual style images that you may think are relevant.
4.4.5 A detailed inventory, including dimensions and, where available, photos of any existing items to be incorporated in the scheme. If not available, it can be produced by a member of another team as part of our services.

4.5 Your plans and measurements. We will perform our services to the plans and measurements you have given us. You are responsible for ensuring that these plans and measurements are correct.

4.6 Your other responsibilities. We will require that you:

4.6.1 Ensure that your home is safe (if we visit it) and that we and any of our representatives have unimpeded access to them at the times arranged between you and us.
4.6.2 Are available either in person or by telephone at reasonable times to answer any queries that may arise during the carrying out of the services.

4.7 Our standards. Our aim is to provide our services using reasonable care and skill and in compliance with the commonly accepted practices and standards of an interior design consultancy practice. Whilst our hope is that the outcome of the services will give you pleasure for many years to come, no interior design practice can guarantee this and you acknowledge that:

4.7.1 All decisions are yours, even if they are recommended by us.
4.7.2 Our services are conceptual only and should be verified with relevant third party suppliers engaged by you to implement the design (if any). Unless agreed in the design brief, we will not liaise with any of the third party suppliers you engage. We will have no liability for any dissatisfaction you may experience because of the way in which the design is implemented by the third party suppliers.
4.7.3 Our services will not be suitable or fit for construction purposes (including planning or building regulation consent). You will need to submit all conceptual drawings and materials to relevant third parties (e.g. architects, structural engineers, builders, local council) for technical interpretation and verification and who will be responsible for the review of all applicable laws, regulations, permissions and compatibility.

4.8 Recommended third party suppliers. Where we recommend third party suppliers for your scheme, we may provide you with links to access such suppliers’ websites or other contact details for you to be able to correspond with or purchase products or services from them. This information is provided for your information only if you decide to purchase any products or services from those third parties you do so solely at your own risk. We cannot make any representation or commitment, and accordingly we cannot be liable, for any third party products or services or your use of them, or your correspondence with any such third party suppliers or any transactions completed, or any contract entered into, by you with any such third party suppliers. Any contract entered into and any transaction completed with any third party is between you and the relevant third party and not us.

5. Goods for sale

5.1 Not just design consultants. Although we are primarily interior design consultants, we do sometimes sell goods.

5.2 Goods may vary slightly from their samples or images. Samples and images of any goods or materials on our website or our guides are for illustrative purposes only. Although we have made every effort to display the colors and textures accurately, your product may vary slightly.

5.3 Packaging may vary. The packaging of the goods may vary from that shown in images on our website.

6. Our rights to make changes

Minor changes. We may change the services or any goods you order:

6.1 To reflect changes in relevant laws and regulatory requirements.

6.2 to implement minor technical adjustments and improvements. These changes will not affect the performed services or your use of the goods ordered.

7. Providing the services

7.1 When we will provide the services or goods.

7.1.1 When we will provide the services. We will begin the services on the date we accept your request for our services by email or telephone (see clause 3.1) The estimated completion date for the services will be outlined in the agreed fee proposal.
7.1.2 If you are buying goods. We will deliver goods to you as soon as reasonably possible and in any event expected delivery time will be stated on your Invoice within 30 days after the day on which we accept your order (unless they are made to order or bespoke goods, in which case we will inform you of the likely lead time) unless we both agree an actual delivery date.

7.2 Delivery costs of goods. The costs of delivery for goods ordered will be as displayed to you on your
invoice or website.

7.3 We are not responsible for delays outside our control. If our supply of the services or the goods is
delayed by an event outside our control then we will contact you as soon as possible to let you know and will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 If you are not at home when goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.

7.5 If you do not allow us access to provide services. If we agree at the design brief stage that we need access to your property to perform the services, if you do not allow us such access as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.

7.6 When you become responsible for the goods. Goods will be your responsibility from the time we deliver them to the address you gave us or you or a carrier organised by you collect them from us.

7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services or goods to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services or goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.8 Reasons we may suspend the supply of services or goods to you. We may have to suspend the supply of our services or goods to:

7.8.1 Deal with technical problems or make minor technical changes.
7.8.2 Update the services or goods to reflect changes in relevant laws and regulatory requirements.
7.8.3 Make changes to the services or goods as requested by you or notified by us to you (see clause 6).

7.9 Your rights if we suspend the supply of our services. We will contact you in advance to tell you we will be suspending the supply of our services, unless the problem is urgent or an emergency. You may contact us to end the contract for services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.

7.10 We may also suspend supply of our services if you do not pay. If you do not pay us for services when you are supposed to (see clause 12.6) and you still do not make payment within three days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of our services. We will not suspend our services where you in good faith dispute any unpaid invoice (see clause 12.8). As well as suspending our services we can also charge you interest on your overdue payments (see clause 12.7).

8. Your rights to end the contract

8.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for services or goods which have not been provided. The reasons are:

8.1.1 We have told you about an upcoming change to goods or these terms which you do not agree to.
8.1.2 We have told you about an error in the price or description of the services or products you have requested or ordered and you do not wish to proceed.
8.1.3 There is a risk that the supply of the services or goods may be significantly delayed because of events outside our control.
8.1.4 We have suspended the supply of services for technical reasons, or notify you we are going to suspend them for technical reasons.
8.1.5 You have a legal right to end the contract because of something we have done wrong.

8.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

8.2.1 Goods that are made to your specifications or are clearly personalized (e.g., bespoke furniture made for you).
8.2.2 Goods liable to deteriorate or expire rapidly.
8.2.3 Services, once these have been completed, even if the cancellation period is still running.

8.3 How long do I have to change my mind? How long you have depends on what you have requested or ordered and how it is delivered.

8.3.1 Have you bought services? If so, you have 14 days after the day we email or call you to confirm we accept your request for our services. However, once we have completed the services, you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.3.2 Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receive the goods. If this is the case you will pay the return costs.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by Email us at thechaps.design@gmail.com. Please provide your name, home address, details of the request or order and, where available, your phone number and email address.

9.2 Goods. Any goods already delivered or not being delivered and already paid for will not be refunded.

9.3 Service. Any service already finished will not be reimbursed and any service during production will also be paid for the work provided.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

10.1.1 You do not make any payment to us when it is due and you still do not make payment within 28 days of us reminding you that payment is due.
10.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services or goods, for example, dimensions, plans as agreed in the design brief, etc.
10.1.3 You do not, within a reasonable time, allow us to deliver goods to you or collect them from us.
10.1.4 You do not, within a reasonable time, allow us access to your premises to supply the services as agreed in the design brief.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing our services. We will let you know at least seven days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for the services which will not be provided.

11. If there is a problem with the services or goods

11.1 How to tell us about problems. If you have any questions or complaints about our services or the goods supplied, please contact us. You can email our customer service team at thechaps.design@gmail.com

12. Price and payment

12.1 Substantive fee proposal for design services. After the initial design consultation, if we are willing to offer to perform the design services that you require, we shall provide you with a written fee proposal for carrying out our full services. This quotation will be valid for one month from its date. Any changes agreed to the design brief (in accordance with clause 4.2) may result in a change to the fee proposal. Once the design brief and the fee proposal are agreed upon, we will issue you with an invoice, and all prices will be fixed but please note that fees for additional services will be chargeable as detailed in the clause 4.3 if you want us to go above and beyond the agreed design brief.

12.2 When you must pay and how you must pay. We only accept payment directly into our bank a ccount,details of which we will supply you on request. When you must pay depends on what you are buying:

12.2.1 For services, you must make the payments in accordance with the issued invoice. You must pay each invoice within seven calendar days after the date of the invoice.
12.2.2 For goods, you must pay for the products before we dispatch them (except if they are bespoke goods where we will require payment in advance).

12.3 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.4 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen, for example, if you discussed it with us during the sales process.

13.2 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.3 We are not liable for business losses. We only supply our services and goods for domestic and private use. If you use them for any commercial, business, or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14 Confidentiality and publicity

14.1 Confidentiality. We shall treat all personal and business information supplied by you as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else.

14.2 Publicity. You permit us to photograph our design work and finished project on completion and to use those photographs in our publicity material (including, but not limited to; on our website and social media accounts), provided that we do not disclose details of you (or your family) or your location without your prior written consent.

15. Intellectual property

15.1 Rights in our designs. The copyright and all other intellectual property rights in all designs and artwork drawn up by us as part of our services shall belong to us. You are granted a non-exclusive personal license to use and permit third-party suppliers engaged by you to use such intellectual property rights to implement our designs for you but your third-party suppliers may not use and are not permitted, to use such rights for any other person other than you.

15.2 Materials you provide. You shall ensure that we have all rights to use the materials supplied by you
under clause 4.4 to perform our services and that they will not infringe any applicable laws, regulations or third-party rights (e.g., the copyright of any other person). You will be responsible for any losses, expenses and other costs incurred by us which arise as a result of you failing to obtain the necessary permissions to allow us to use such materials.

16. How we may use your personal information

16.1 How we will use your personal information. We will use the personal information you provide to us:

16.1.1 To supply the services and/or goods to you.
16.1.2 To process your payment.
16.1.3 If you agreed to this during the request or order process, to give you information about similar services or goods that we provide, but you may stop receiving this at any time by contacting us.

16.2 We may pass your personal information to credit reference agencies. Where we extend credit to you, we may pass your personal information to credit reference agencies, and they may keep a record of any search that they do.

16.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.

17. Other important terms

17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization.

17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.