Terms and Conditions
TERMS & CONDITIONS
All orders are governed by these terms and conditions of sale. These terms supersede any T&Cs issued prior to June 1, 2020
RATES Services -
The "Interior Design" Hourly Rate shall be applicable for services on new build and renovation related design advisory resulting in technical drawings or amendments thereof; planning of detailed furniture layouts or integrated lighting plans, procurement of architectural or hard surfaces such as tiling, stonework, specialist joinery/cabinetry, interior doors and frames, stairways, paneling, murals, metalwork; specialist glazing, and specification drawings for window dressings. Ad hoc technical drawings start from or are priced per 3D/CGI photorealistic visual representing one room.
The "Styling/Sourcing" Hourly Rate is applicable for package and re-style projects including sourcing and coordinating furnishings from a range of suppliers from stock to bespoke and are priced by design layer, or line item. Ad-hoc sourcing to accessorise existing rooms is available at the Hourly Rate or at a pre-agreed package price. Any additional services for "Styling/Sourcing" Rate beyond those in the client's original proposal shall be billable per line item at at minimum of one hour per item; or at the "Interior Design| Rate for surface/specialist finishes sourcing.
The "Administration Rate" applies to briefing and supervision of any "Works" eg. trades/fitters and delivery/installations, including those agreed with specialist subcontractors by client approval (e.g. Decorators/Plasterers, Carpet Fitters, Electricians, Carpenter/Joiners, Curtain Makers). Alternatively, a 10% surcharge over quotation shall be applicable to coordinate works exceeding an agreed budget tier; with 50% of the full quoted job payable in advance.
ESTIMATES - Michele Hilton Design (“MHD”) will produce and estimate costs for client review and approval.
GOODS - Proforma (100%) payments for goods and shipping are due in advance of all fabric, wallcovering, "stock" furniture and lighting orders. Deposits of 60% are due for any made-to-order, long-lead or bespoke furnishings; with any intermediate balances or final payments due 14 days prior to shipping to the project's destination. Any subcontractor "Works" appointed by us, or on the clients' behalf that may be coordinated by MHD, shall be invoiced at 50% of quotation for labour, goods and coordination prior to commencement. Storage, local delivery and installation are billable separately at market rates, and vary per the unique scope of each job.
PRICES - Service Fees - shall be invoiced as per your Proposal, relevant to your Project's scope and complexity and payable before furniture estimates. "Works" Fees - sub contractor coordination shall be quoted and is subject to 10-15% variance pending any changes to the job specification. For the Supply of Goods - every effort is made to ensure that prices in on our provided estimates are correct at time of issue indicating inclusion or exclusion of VAT, which we may best efforts to remove for all Channel Island clients. Specialist and high-street retailer/online retailer sourcing - a 10-15% surcharge is applicable over the procurement and supply of goods from: art galleries, antique dealers, bespoke manufacturers, and "High Street" as well as online retailers outside our extensive "trade" only supply list; likewise for “ad hoc” orders of goods to complete pre-designed schemes. We are not able to extend "sale prices" offered by any retail premises or online retailers. Bespoke and "Made to Order" Goods - our suppliers reserve the right at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to them, due to any factor beyond our control. If any alteration should be made to bespoke fabrication costs, original size, specification, or quantities relevant to the design scheme, we shall update details of such to reflect changes on balance invoices. Price Revisions - MHD may, by giving notice to the client up to 7 days before the date of the final invoice, increase the price to reflect any increase in the cost to MHD due to factors beyond the reasonable control of MHD.
ACCEPTANCE OF ORDER - A client order becomes binding as soon as we have accepted it, subject to your rights of cancellation. The standard or bespoke furniture products in each order will be made specifically to your project requirements, in accordance with the instructions and specifications agreed with us. After receiving your approval of a scheme, we prepare the related specifications and cost estimates. Please note, orders will not be placed until a non-refundable deposit is paid to cover our supplier’s upfront deposit payments required to commence production. Payment of any Deposit or Proforma Invoice for goods shall be construed as the Client’s acceptance of our Supplier Terms & Conditions.
PAYMENT OF GOODS - Sums and deposits payable for goods are due per terms on your proposal and invoice, and always in advance of orders being placed. Interest on late payments will be charged at 2% above the HSBC base rate accruing monthly.
SHIPPING & TAXES - Ground transport, freight/shipping and handling are billable per consignment or as flat percentage over the estimated volume of total imports which for Channel Islands generally range on average from 5-20% per consignment for freight/shipping. An administrative "handling" surcharge of 5% is applicable over a full job, or per supplier consignment on a job, to account for administrative hours in processing transport quotations, VAT removal, inspections, arrangement of storage, scheduling of local deliveries, processing returns/exchanges, and any other activities that assure a smooth installation. For any goods sold and delivered within the UK and EU Projects, VAT and local taxes shall be applicable at the relevant local rate.
CANCELLATION - Standard and bespoke furniture is made to your order and therefore personalised as recognised by the UK's Distance Selling Regulations. If you need to amend or cancel your order for standard or bespoke furniture, you have the right to do so up to 48 hours after order placement. After this period, MHD reserves the right to re-charge any costs you may have incurred in relation to your order such as the original supplier’s penalty charges, restocking fees and administrative hours. Standard and bespoke furniture products cannot be returned after you have received them unless they are confirmed by MHD as defective or damaged and reported within 48 hours of arrival, in which case they will be repaired or replaced at our discretion. If an order has been accepted, you may not cancel it except with the agreement in writing from us. The terms of cancellation will include, but shall not be limited to a payment to indemnify MHD in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation which extends to supplier specific terms and may include restock fees ranging from 25% to the full cost of the goods, plus shipping.
LIABILITY - For furniture that is made to your order, it is not possible to return it if not suitable. If furniture arrives damaged or we have made mistakes with your order, MHD will arrange to repair or replace it as soon as possible. MHD shall inspect furniture carefully and report any problems immediately on delivery or within a maximum of 48 hours of installation, and we request that you inspect the goods for sign off as we will not be held liable for visible defects identified after receiving a signed acceptance of delivery. We cannot be held liable for conditions of use or storage within the customer’s house after delivery, which may affect the furniture in any way. MHD will not pay for fair wear and tear or damage caused by negligence and/or improper use (unless it is our suppliers' or our own negligence or improper use); nor damage that occurs as a result of repairs or alterations made without our approval.
OWNERSHIP OF GOODS - The title of all goods and materials supplied by MHD shall remain the property of Michele Hilton Design until paid for in full. MHD or its agents are entitled to enter the buyer’s premises to repossess the goods until the buyer has paid all monies owed to the seller.
LEAD TIMES - All lead times given at the time of quote are best estimates. More precise lead times can only be given once a Purchase Order has been issued and confirmed. MHD makes best efforts to achieve projected times, however delays by the client of payment of deposit will result in the rescheduling of jobs to a later date. Unless otherwise indicated, production times range from a minimum of 2-14 weeks plus shipping, from receipt of payment. Please note from 2020, added time required time may be due to unforseen circumstances beyond our our control within a supply chain, such as but not limited to delays in manufacturing due to the Covid 19 pandemic.
FORCE MAJEUR - In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
COPYRIGHT- Copyright of all documents and designs prepared by MHD shall remain the intellectual property of MHD. In the event of a design scheme being used or replicated without involving MHD for procurement and installation, we reserve the right to charge 50% of the retail value of the entire scheme. MHD reserves the right to photograph all projects at completion, obtaining the client’s prior permission and no client names are mentioned unless clients supply a specific testimonial that can be using initials only.
INTELLECTUAL PROPERTY - MHD shall not disclose details relating to our suppliers and pricing as these are deemed to form part of our intellectual capital.