Terms and Conditions

1. These are the terms and conditions on which we supply our services to you, including goods where relevant. They take precedence over any terms you have supplied to us. In these terms ‘we’ and ‘us’ refers to Viktoryia Young
2. trading as Viktoryia Young Design and VY Design or any entity to which a contract governed by these terms is assigned.
3. Please read these terms carefully. 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. Particular terms we want to draw your attention to have headings in bold.
4. You can contact us by writing to 22 Waddling Lane, Wheathampstead, St Albans, AL4 8FD or emailing info@vydesign.co.uk.
5. If we have to contact you we will do so by telephone or by writing to you at any telephone number, email address or postal address you provided to us. When we use the words “writing” or “written” in these terms, this includes emails.
6. Our acceptance of your request or order will take place when we email or call you to accept it, or sign a form to accept it, at which point a contract will come into existence between you and us. Before that point, there is no contract.
7. Terms written on your order will take precedence over these terms to the extent there is any conflict. The terms written on your order and these terms can be amended only in writing where both of us agree.

Your Obligations

7. Unless otherwise agreed in the design brief, we will need the following items from you to perform the services:
   1. Sufficient information to prepare the design brief.
   2. Scaled architectural plans and elevations (scale 1:50 or 1:100) for the project.
   3. Existing project photos, where available.
   4. Clear instructions on what you want us to do
8. If you supply us with measurements or plans, 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.
9. We will require that you:
   1. ensure that your home is safe (if we visit it) and that we and any of our representatives have reasonable and unimpeded access.
   2. are available either in person or by telephone or via someone that you nominate at reasonable times to answer any queries that may arise during the carrying out of the services.
   3. You make yourself available as is reasonably required to accept deliveries of materials or goods to your home, and to collect materials and goods we are providing to you under our contract with you.
   4. Do anything else that is reasonably required to ensure we can carry out our services efficiently.

Our Obligations

10. We seek 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.
11. You acknowledge that:
    1. all decisions are yours, even if they are recommended by us;
    2. unless otherwise agreed in writing, our services are conceptual only and should be verified with any relevant third party suppliers engaged by you to implement the design. We will not liaise with any of the third party suppliers you engage. We have no responsibility for the way in which the design is implemented by the third party suppliers;
    3. our services will not be suitable or fit for construction purposes (including planning or building regulation consent). You are responsible for complying with all applicable laws, regulations, permissions and compatibility.
12. 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.

Provision of Goods

13. We provide interior design services. Unless otherwise agreed, you are responsible for buying any goods that form part of any scheme.
14. Goods may vary slightly from their samples or images. Samples and images of any goods or materials we provide to you are for illustrative purposes only. Although we have made every effort to display the colours and textures accurately, your product may vary slightly.
15. 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.
16. Property and title to goods will only pass to you once we have received payment in full for all sums due under the contract.
17. We reserve the right to charge for storage or return of any goods and materials where you breach your obligations under our contract.

Making Changes

18. We may change the services or any goods you order:
    1. to reflect changes in relevant laws and regulatory requirements; and
    2. to implement minor technical adjustments and improvements. These changes will not affect the performed services or your use of the goods ordered.
19. In addition, we may make changes to these terms but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services or goods paid for but not received.

Providing the Services and Goods

20. We will normally begin the services on the date the contract begins. Any dates given for the completion of the services are estimates only and time is not of the essence in relation to any contract we enter into.
21. If our supply of the services or goods is delayed by an event outside our control then we will contact you to let you know and we will take steps to minimise 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.
22. We may have to suspend the supply of our services or goods to:
    1. deal with technical problems or make minor technical changes;
    2. update the services or goods to reflect changes in relevant laws and regulatory requirements;
    3. make changes to the services or goods as requested by you or notified by us to you.
23. 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.
24. If you do not pay us for services when you are supposed to 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.
25. Suspending our services does not prevent us exercising any other remedy.

Exercising your right to change your mind (Consumer Contracts Regulations 2013)

26. For most goods bought online or off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
27. You do not have a right to change your mind in respect of:
    1. goods that are made to your specifications or are clearly personalised (e.g. bespoke furniture made for you);
    2. goods liable to deteriorate or expire rapidly;
    3. services, once these have been completed, even if the cancellation period is still running;
    4. any products which become mixed inseparably with other items after their delivery.
28. How long you have depends on what you have requested or ordered and how it is delivered.
    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.
    2. Have you bought goods?If so you have 14 days after the day you (or someone you nominate) receive the goods, unless:
       1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
       2. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.
    3. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us.   You must either return the goods in person to where you bought them, post them back to us at (if they are not suitable for posting) or arrange delivery (unless we are legally required to collect them). If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    4. We will pay the costs of return:
       1. if the products are faulty or misdescribed;
       2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
       3. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
    5. We will refund you the price you paid for the products including any refundable delivery costs by the method you used for payment. However, we may make deductions from the price, as described below.
    6. If you are exercising your right to change your mind:
       1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
       2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
       3. Where we are providing services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    7. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
       1. if the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2; and
       2. in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

Our rights to end the contract

34. We may end the contract at any time by writing to you if:
    1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
    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, etc.;
    3. you do not, within a reasonable time, allow us to deliver goods to you or collect them from us; or
    4. you do not, within a reasonable time, allow us access to your premises to supply the services.
35. If we end the contract in because you have broken it you will not be entitled to the refund of any money you have paid. You will be liable to pay us compensation for any losses we have suffered.
36. We may write to you to let you know that we are going to stop providing our services. We will refund any sums you have paid in advance for services and goods which will not be provided.

Price and payment

37. Unless otherwise agreed any work which falls outside our fee proposal is paid at our normal hourly rate, which is £65 per hour.
38. Any separate prices for any goods will be detailed on a guide or Invoice. We take all reasonable care to ensure that the price advised to you is correct.
39. If the rate of VAT changes or becomes applicable between your request or order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
40. It is always possible that, despite our efforts, some of our offerings may be incorrectly priced. If we accept and process your request or order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
41. We only accept payment directly into our bank account, details of which we will supply you on request. All invoices must be paid within 7 days.
42. 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 8% a year above the base lending rate of the Bank of England from time to time. 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.

Limitation of Liability

43. Our liability to you is limited to the total amount payable to us under your contract with us. However, this clause does not exclude or limit in any way our liability to you where it would be unlawful to do so, for example for liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. You acknowledge that insurance cover is available to you to protect you against losses.
44. 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.

Confidentiality and Publicity

45. During the contract, you may come across information about our suppliers, contacts, pricing and processes. Except as agreed in writing, You must 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.
46. You permit us, and will reasonably cooperate with us to arrange, 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).

Intellectual property

47. The copyright and all other intellectual property rights in all materials prepared by us as part of our services shall belong to us. Where and strictly to the extent it is necessary to obtain the benefit of our services, you are granted a non-exclusive personal licence to use such intellectual property rights to implement our designs for yourself, including the right to sublicense any third party supplier engaged by you, but only to implement our designs for you.
48. You shall ensure that we have all rights to use the materials supplied by you 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.

How we use your personal information

49. We will use the personal information you provide to us in accordance with our Privacy Policy. 

Other important terms

52. We may transfer our rights and obligations under these terms to another organisation by giving you notice.
53. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
54. 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.
55. Each of the clauses 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. If the clause would not be unlawful in the event it was amended.
56. 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.
57. These terms and any contract we enter into is governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.