Why you should read them. Please read these terms carefully and make sure that you understand them. Before ordering any services from us, you will be asked to confirm that you have read and accepted these terms and that you agree to comply with and be bound by them. If you refuse to accept these terms, you will not be able to order any services from us.
Are you a business customer or a consumer? In some areas, you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if you are an individual and you are purchasing products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer, this is our entire agreement with you. If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by, or on behalf of, us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
Information about us and how to contact us
Who we are. We are Resi Design Ltd. (trading as “Resi”), a company registered in England and Wales with company registration number 10471125. Our registered office address is 72 Sternhold Avenue, London, SW2 4PW and our main trading address is Unit LH3, Keeton’s & Collett (3Space), Keeton’s Road, London, SE16 4DB.
How to contact us. You can contact us by telephoning us on +44 208 068 4811, by emailing to us at firstname.lastname@example.org or by writing to us at our main trading address referred to above.
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Use of our website
Our contract with you
How we will accept your order. You can place an order with us through our website or by telephone. After you place your order and pay for the related services, you will receive confirmation from us acknowledging payment and confirming our acceptance of your order, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services you have ordered (or, if you have already paid for the services, we will refund you for them). This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services you have ordered or because we are unable to meet the delivery deadline for the relevant services.
Your invoice reference number. We will assign an invoice reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us your invoice reference number whenever you contact us about your order.
Our services are for UK properties only. We currently only offer our services in the English language and in relation to properties located in the United Kingdom. However, we can accept an order from you if you are based outside the UK (provided that the relevant property is located in the United Kingdom).
Service levels. We will exercise reasonable skill and care in carrying out the services you have ordered from us.
Reliance. The information produced by us as part of our services is for illustrative purposes only and is intended to help inform your decision in relation to the development of an existing property or the purchase of a new one. It should not be used to replace the production of detailed technical building regulation drawings, which will be required to comply with building regulations.
Making sure your measurements are accurate. Our services are provided remotely and we do not carry out a site visit of your property unless a site survey is specifically requested and paid for. In this case, we will use a third party surveying company. As such, you are responsible for ensuring that any measurements you provide us with are correct and accurate. We cannot accept any responsibility for any incorrect measurements provided to us (whether by you or by any third party instructed by you or acting on your behalf). If your project goes to construction and you appoint a design team, it is important that they attend the site to complete a full measured or cross-checking survey and discuss your specific requirements.
Working alongside other professionals. If we provide our services alongside other professionals you have instructed, then it is your responsibility to ensure that all information held by those other professionals that could be relevant to our services is communicated to us promptly.
No obligation to update. We shall not be under any obligation to update any information, report or content provided to you as part of our services to take account of events occurring after such information, report or content has been provided to you.
Excluded services. We do not offer any guarantee that any required planning permission will be secured or permitted development successfully certified. Furthermore, please note the following:
any project cost or other estimates provided by us, whether through our website or otherwise, are based on available data and averages, as well as information supplied by you. They are provided for guidance purposes only and we cannot and will not accept any responsibility if they turn out to be inaccurate;
we cannot and will not accept any responsibility for, nor can we offer any title indemnity insurance or any other insurance or protection against, any title matters, including, but not limited to, covenants, easements and/or restrictions (including any planning requirements and/or restrictions) concerning the freehold or leasehold interest in the relevant property, nor can we accept any responsibility if any other specialists or third parties engaged in connection with the relevant property fail to have in place adequate insurance to cover any liability arising as a result of any of the foregoing. Responsibility for checking all such matters and taking appropriate specialist advice, including legal advice, in respect of them remains with you;
if, in relation to your project, notice under the Party Wall etc. Act 1996 is required to be given to owners of an adjoining property, we may, if so requested, be able to introduce you to someone who can prepare the appropriate notice(s) for you; however, if we make such an introduction, we cannot and will not accept any responsibility for the preparation of such notice(s), the delivery of such notice(s) to the adjoining owner(s) or the mechanism for resolving disputes;
if your project goes to construction, you will be responsible for notifying or, if required, seeking consent from, the freeholder or leaseholder (as the case may be) of the relevant property and we cannot and will not accept any responsibility for your failure to do so; and
if your project goes to construction, you will be responsible for notifying any third party utility suppliers whose services to the property may be affected by the project and we cannot and will not accept any responsibility for your failure to do so.
Your rights to make changes
If you wish to make a change to the services you have ordered (for example, you wish to upgrade to a different package), please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any additional cost, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
We may change the services we offer: (i) to reflect changes in relevant laws and regulatory requirements; and (ii) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your ability to make use of the services we provide. However, if any such change results in a delay in the provision of our services to you, we will contact you to tell you about the delay. If the delay continues for a period of more than seven days, you may contact us to end this contract and we will refund any sums you have already paid for the relevant services.
Providing the services
When we will provide the services. We will begin the services on the date we accept your order or on such other date as may be agreed with you during the order process, provided in each instance that you have given us all relevant information to allow us to do so. Any completion date for the services notified to you during the order process applies only to the issue of the first draft proposals prepared by us. Any plans, drawings, renders, images, reports and other documents provided to you as part of the services will be uploaded to your online account on completion of the services.
We are not responsible for delays outside our control. If our provision of the services is delayed by an event outside our control, then we will contact you as soon as possible 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 this contract and receive a refund for any services you have paid for but not received.
What will happen if you do not give required information to us. We may need certain information from you so that we can provide the services to you, for example: (i) your name, contact details and the address of the property in question; (ii) basic information about the property; (iii) your preferred style, estimated budget and a brief description of what you are looking to do; and (iv) uploads of floor plans, inspiration or existing photos of the property. We will contact you to ask for this information. We will not be responsible for any failure or delay in performing our obligations under this contract to the extent caused or contributed to by you not giving us the information we need within a reasonable time of us asking for it. 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 end this contract (and clause 11.2 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 may refuse to provide, or suspend provision of, the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 13.4) and you still do not make payment within seven days of us reminding you that payment is due, we may refuse to provide, or suspend provision of, the services until you have paid us the outstanding amounts (and we will contact you to tell you that we are doing this). We may also charge you interest on your overdue payments (see clause 13.6). However, we will not do this where you dispute the unpaid invoice (see clause 13.7).
Your rights to end this contract
You can always end this contract. Your rights when you end this contract will depend on what services you have purchased, whether there is anything wrong with them, how we are performing, when you decide to end this contract and whether you are a consumer or business customer.
Ending this contract because of something we have done or are going to do. If you are ending this contract for a reason set out at clauses 9.2.1 to 9.2.4, it will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that provision of the services may be significantly delayed because of events outside our control;
there is a delay in the provision of our services to you, as notified to you in accordance with clause 7, and such delay continues for a period of more than seven days; or
you have a legal right to end this contract because of something we have done wrong (for example, you are a consumer and the services you have purchased were misdescribed or were not carried out with reasonable skill and care).
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply if the services you order have been completed, even if the cancellation period is still running.
How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day we confirm acceptance of your order. 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 to provide the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
How to end your contract with us (including if you are a consumer who has changed their mind)
Tell us you want to end the contract. To end this contract, please let us know by doing one of the following:
Phone or email. Call us on +44 208 068 4811 or email us at email@example.com. Please provide your name, home address, details of your order (including your invoice reference number) and, where available, your phone number; or
By post. Print off and complete this form and post it to us at the address on the form. Or simply write to us at that address, including the date and details of your order (including your invoice reference number) and your name and address.
How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the provision of the services for the period for which they were provided, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been provided, in comparison with the full coverage of this contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then your refund will be made within 14 days of you telling us you have changed your mind.
Our rights to end the contract
We may end this contract if you break it. We may end this contract at any time by writing to you if:
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, any measurements we have asked you to provide us with or any of the information referred to in clause 8.3;
you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
you repeatedly request changes to your order;
you seek to include further work within the scope of the contract between us without agreeing a price for any such additional work; or
you behave towards our personnel in a manner which we, in our sole discretion, consider to be rude and/or abusive.
You must compensate us if you break the contract. If we end this contract in the situations set out in clause 11.1, we will refund any money you have paid in advance for 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 you breaking this contract. For example, we may charge a fee of £70 + VAT for any work done by our architects prior to the date we end the contract between us.
If there is a problem with our services
If you have any questions or complaints about our services, please contact us. You can telephone us on +44 208 068 4811 or you can write to us at firstname.lastname@example.org or our main trading address referred to above.
Price and payment
Where to find the price for our services. The price for the services you order (which includes VAT) will be the price indicated on our website, or as otherwise agreed between us and notified to you in writing. We take all reasonable care to ensure that the price for the services advised to you is correct. However, please see clause 13.3 for what happens if we discover an error in the price for the services you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we provide may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
How you must pay and when you must pay. All payments must be made by debit or credit card through our website or by BACS transfer. Unless otherwise agreed, payment must be made in full before we start providing the relevant services. We may accept payment in instalments for certain projects (for example, an initial deposit with the balance payable following the provision of the first set of deliverables); payment of any initial deposit must be made in full before we start providing the relevant services and payment of any subsequent instalment(s) must be made the date(s) specified by us (or, if applicable, within seven days following the date of any relevant invoice).
Our right of set-off if you are a business customer. If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
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 above the Bank of England base rate 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.
What to do if you think an invoice is wrong. If you think that any invoice issued by us 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.
Introductions and referrals. If, in the course, of providing our services to you, we introduce or refer work to a third party (for example, a party wall surveyor, a designer or other contractor/supplier), we may receive payment or other inducement from the third party for making the introduction or referral. However, this will not in any way affect the price you pay for the services you order from us.
Ownership of copyright. We own and retain the copyright in all plans, drawings, renders, images, reports and other documents produced by us in performing the services (including any uploaded to your online account).
Copyright licence. You will have a licence to copy and use, and allow other persons providing services to you to copy and use, the plans, drawings, renders, images, reports and other documents uploaded to your online account. Neither we, nor our directors or employees, will have any liability for any use of the same other than for the purpose for which they were prepared.
Right to use. We shall have the right to use any plans, drawings, renders and images produced by us in performing the services for our own marketing purposes, including reproducing the same on our website.
Right to publish photographs. If, having used our services, your project goes to construction, we shall have the right to take and publish photographs of the project, and you agree to give us reasonable access to your property for this purpose.
Our responsibility for loss or damage suffered by you if you are a consumer
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 breach of this contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms or our negligence or if it was reasonably contemplated by you and us at the time of the contract between us coming into effect as a possible result of such breach or negligence, for example, if you discussed it with us during the order process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services, including the right to receive services which are of satisfactory quality and fit for any particular purpose made known to us.
We are not liable for business losses. If you are a consumer, we only provide the services to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose, our liability to you will be limited as set out in clause 17.
Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence or the negligence of our employees;
fraud or fraudulent misrepresentation; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to clause 17.1:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and
our total aggregate liability to you for all other losses arising under, or in connection with, any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in all circumstances be limited to the total sums paid by you to us for services under such contract.
Except as otherwise expressly provided in these terms, all conditions, warranties, representations, undertakings or other similar terms implied by statute, common law or custom are excluded to the fullest extent permitted by law.
How we will use your personal information
Other important terms
We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation (for example, to a third party purchaser of our business), but this will not affect your rights or obligations under these terms.
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.
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.
If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
Even if we delay in 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 you 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 fail to make a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of, or in connection with, this contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.