TERMS & CONDITIONS
All orders are governed by these terms and conditions of sale. These terms supersede any T&Cs issued prior to October 1, 2018.
RATES - The "Interior Design" Hourly Rate is applicable where services extend to "Design" and advisory, eg: analysis, space planning; creation or amendment of technical drawings; and procurement of architectural or fitted surfaces such as but not limited to: tiling, stonework, specialist joinery, interior doors and frames, stairs, panelling, murals, metalwork; specialist glazing, window dressings. Any AutoCad Drawings or 3D Visualisations not inclusive in your Proposal shall be billable as additional. The "Sourcing" Hourly Rate is applicable to time spent sourcing and coordinating furnishings wherein we allocate a minimum of one Hour per element in a Scheme, or a block of Hours to consider a set number of unique layers and elements in the scheme. The Administrative Hourly Rate applies to coordinating or inspecting "Works" by specialist subcontractors (e.g. Decorators/Plasterers, Carpet Fitters, Electricians, Carpenter/Joiners, Curtain Makers) secured by us and approved by you; alternatively a 10% coordination surcharge is applicable over quotations exceeding the amount as set on your Project Proposal. Fixed price "Furniture and Accessory Packages" are available to dress or re-furnish properties, inclusive of the Sourcing and Administrative services. We reserve the right to invoice for any services incurred beyond those explicitly inclusive within your Proposal, at the relevant Hourly Rate.
ESTIMATES - Michele Hilton Design (“MHD”) will produce and estimate costs for client review and approval. Proforma (100%) payments are due in advance of all fabric, wall covering, "stock" furniture and lighting orders. Deposits are due upfront for any made-to-order, long-lead or bespoke furnishings; with any intermediate balances and/or final payments due 14 days prior to shipping. Any subcontractor "Works" appointed on the clients' behalf and coordinated by MHD, shall be invoiced at 50% prior to commencement of said service. Storage, local delivery and installation are billable separately at market rate, and vary per project scope.
PRICES - Service Fees shall be invoiced as per your Proposal, relevant to your Project's scope and complexity. "Works shall be quoted on a detailed Estimate, and subject to 10-15% variance pending any changes to market pricing, or subject to increase after 14 days of issue. 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. 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. For bespoke and "made to order" products, 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 goods and services to reflect changes on balance invoices.
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 you 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 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 NatWest Bank base rate accruing monthly. We apply a 10-15% surcharge over the supply of goods from art galleries, antique dealers, bespoke manufacturers, "High Street" retailers, and online retailers. We are not able to extend "sale prices" offered by any retail premises or online retailers.
SHIPPING & TAXES - Ground transport, shipping and handling are billable as a surcharge over goods unless otherwise negotiated in a Package, based on volume of each consignment plus the handling of related administrative tasks not limited to: sales order preparations, transport and freight negotiations, VAT removal, inspections, arrangement of storage, scheduling of deliveries, processing returns/exchanges, and any other activities ensuring the Project's smooth installation. For any goods sold and delivered within the UK and EU, 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 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 20% 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 Ltd 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.
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 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.
INTELLECTUAL PROPERTY - MHD shall not disclose details relating to our suppliers in certain cases as these are deemed to form part of our intellectual capital.