Please read all these Terms and Conditions carefully.
By using the Site, you are deemed to have accepted these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything please contact Conservatory Design on 0800 292 2240 or by email info@myconservatorydesign.com
The Website
The website and materials on it are protected by copyright and intellectual property laws and are the property of the company, or its licensors, unless otherwise stated. You must not edit or otherwise modify any material on the website, sell, rent or otherwise sub-licence material from the website or republish material from the website (including republication on another website) without written permission from Conservatory Design. To seek permission, you may email us info@myconservatorydesign.com
The images and logos identifying Conservatory Design or third parties and their products and services are subject to copyright, design rights or trademarks of Conservatory Design and/or the third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of Conservatory Design or any third party. The Conservatory Design logo may only be used where express permission is granted. If you are not sure if you can use the logo in a particular circumstance, please email us info@myconservatorydesign.com
Website content
(Quality, accuracy and use)
Information provided on this website is for information purposes only and is not intended to constitute professional advice as circumstances can vary from person to person. Information provided on this website will not always be up to date and cannot necessarily be relied upon; we do not warrant its completeness or accuracy. Visitors who use this website and rely on any information do so at their own risk. Conservatory Design does not commit to ensuring that the website remains available or that the website is kept up to date.
Terms and Conditions
1. Information about us
1.1 We Conservatory Design LTD, a company registered in England and Wales under company number 11163056. Our main trading address is Popeshead Court Offices, Peter Lane, York. YO1 8SU
1.2 If you wish to contact us for any reason , including because you have any complaints, you can contact us by writing to us at the above address, by telephoning our customer service team on 08002922240 or by emailing them at info@myconservatorydesign.com.
1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address provided to us in your order.
2 APPLICATION
2.1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you or client). We are Conservatory Design LTD, a company registered in England and Wales under company number 11163056. Our main trading address is Popeshead Court Offices, Peter Lane, York. YO1 8SU info@myconservatorydesign.com 08002922240 (the Supplier or us or we or the company or CD).
1.2. These are the terms on which we sell all Services to you. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
2. DEFINITIONS
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Charges: the charges payable by the Customer for the supply of the Services in accordance with the Order.
Commencement Date: has the meaning set out in clause 5.4.
Conditions: these terms and conditions as amended from time to time in accordance with clause 15.9.
Contract: the contract between the company and the Customer for the supply of Services in accordance with these Conditions.
Order: the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website.
Privacy Policy: the terms which set out how we will deal with confidential and personal information received from you via the Website.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
3. SERVICES
3.1. The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement.
3.2. The company are only to be instructed/contracted to prepare and submit applications for Planning Permission, Lawful Development, Listed Building Consent, and Planning Appeals.
3.3. The company will work to the specification requested by the client. The company does not undertake any design service, all design work is undertaken by the client.
3.4. Following agreement from the client on the drawings and documents and receipt of the fee the company will submit the application to the Local Authority.
3.5. We can make changes to the Services which are necessary to comply with any applicable law or requirement. We will notify you of these changes.
4. PERSONAL INFORMATION AND REGISTRATION
4.1. We retain and use all information strictly under the Privacy Policy.
4.2. We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.
5. BASIS OF SALE
5.1. The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
5.2. The Order process is set out on the Website.
5.3. The Order constitutes an offer by you to purchase Services in accordance with these Conditions.
5.4. The Order shall only be deemed to be accepted once we have confirmed by email or in writing we able to undertake the order. (Commencement Date).
5.5. The Contract shall be valid for a period of 12 months from the Commencement Date unless the Contract is concluded or terminated at an earlier date.
5.6. The Services shall be supplied in relation to the premises as specified in the Order.
5.7. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the company which is not set out in the Contract.
5.8. Any samples, drawings, descriptive matter or advertising issued by the company, and any descriptions or illustrations contained in CD’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
5.9. All stated dimensions on your drawings or the drawings supplied by Conservatory Design are to be verified on site before building work.
5.10. Drawings produced by the company are for statutory planning applications only and not to be used as construction or working drawings.
5.11. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
5.12. Information provided on this website is for information purposes only and is not intended to constitute professional advice. The company does not warrant the websites completeness or accuracy.
5.13. Information provided on emails is based on the information you have supplied and is not intended to constitute professional advice. For more formal advice the company will need to contact the local authority, this will result in a local authority fee that needs to be agreed and payed by the client prior to submitting.
6. SUPPLY OF SERVICES
6.1. The company shall supply the Services to you in accordance with the Order. The company shall inform you of the methods available for obtaining the cost of the proposed work and the timetable necessary for the proposed Services.
6.2. The company shall use all reasonable endeavours to meet any performance dates specified in the Order but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
6.3. The company shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the company shall notify you in any such event.
6.4. The company warrants to you that the Services will be provided using reasonable care and skill.
6.5. Where it is considered that other consultants, specialist contractors or sub-contractors are required to undertake part of the planning application work, the company shall advise you of the need and the Client shall appoint such consultants, specialist contractors or sub-contractors directly. The company shall not be part of the contract between you and the other consultants, specialist contractors or sub-contractors.
6.6. The fees of such other consultants, specialist contractors or sub-contractors shall be separate from and additional to the CD’s Charges as set out in the Order and in accordance with these Conditions, and you shall be responsible for payment of these.
6.7. In the event that other consultants, specialist contractors or sub-contractors are required, the company shall co-ordinate and integrate it into the overall planning application in accordance with the Order.
6.8. The company shall not be responsible for any non-compliance of any legal requirements by any of the other consultants, specialist contractors or sub-contractors if so appointed.
6.9. The Supplier shall not be responsible for the performance of the local planning authority or for the failure of a planning application.
6.10. The company will prepare all the documents required to make a planning application which will be clear and enable the local planning authority to make a decision.
6.11. Due to the nature of the services provided by the company, the company does not guarantee that the Services provided in accordance with the Order shall receive the necessary statutory approvals.
6.12. If the company are instructed to adjust and resubmit an application following rejection by a local authority then the company will charge an additional fee agreed which will be agreed with the client.
6.13. The company is not responsible for any building work on site or compliance with building regulations.
7. CUSTOMER’S OBLIGATIONS
The Customer shall:
7.1. Ensure that the terms of the Order are complete and accurate.
7.2. Co-operate with the company in all matters relating to the Services
7.3. Provide the company with such information and materials as CD may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects.
7.4. Obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start.
7.5. The company shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from CD’s failure or delay to perform any of its obligations.
7.6. The Customer shall reimburse the company on written demand for any costs or losses sustained or incurred by CD arising directly or indirectly from the Customer Default.
8. CHARGES AND PAYMENT
8.1. The company fee is set out in the Order. The company shall invoice you on completion of draft drawings but prior to submitting an application to the local authority.
8.2. You shall pay each invoice submitted by the company
8.3. Payment is due within 7 days of the date of the invoice and in full and in cleared funds to a bank account nominated in writing by the company and time for payment shall be of the essence of the Contract.
8.4. All amounts payable by you under the Contract are inclusive of amounts in respect of value added tax chargeable for the time being (VAT).
8.5. Without limiting any other right or remedy of the company, if you fail to make any payment due to CD under the Contract by the due date for payment (Due Date), the company shall have the right to charge interest on the overdue amount at the rate of 8 per cent per annum above the then current HSBC base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement and compounding quarterly.
8.6. You shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counter-claim against the company in order to justify withholding payment of any such amount in whole or in part. The company may, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by CD to you.
9. AUTHORITY TO ACT AS AGENT
9.1. Upon acceptance of the offer for the supply of the Services, you irrevocably authorise the company to act as your agent as necessary in the proper performance of the Services in accordance with the Order.
9.2. Upon termination or conclusion of the Contract such authority shall expire.
10. CONFIDENTIALITY
10.1. This Contract and these Conditions are confidential and shall remain confidential at all times. You shall not disclose any information held in any form of media relating to this Contract without the prior written consent of the company.
10.2. You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by the company, its employees, agents or subcontractors, and any other confidential information concerning CD’s business or its products or its services which you may obtain. You shall not use any such information for any purpose other than to perform your obligations under the Contract. This clause 11 shall survive termination of the Contract.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the company including draft copies, whether published or not, and nothing in these Conditions shall be taken to grant any rights to you in respect of such Intellectual Property Rights.
11.2. The company shall not be liable for the use of CD’s Materials by others for any purpose for which they were not original prepared.
11.3. All Supplier Materials are the exclusive property of the company.
12. TERMINATION
12.1. Without limiting its other rights or remedies, the company may terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the Due Date for payment or in the event of any other material breach of the Contract or failure to comply with its obligations under the Contract.
12.2. If you shall become bankrupt or commit an act of bankruptcy or make an assignment for the benefits of its creditors or shall go or be put into liquidation, or receivers shall be appointed of the whole or any part of your undertaking, or if there shall be a breach by you of any of the terms or conditions of this Contract, it shall be lawful for CD by notice in writing to you to determine the contract forthwith, without prejudice to any right or action or remedy of CD then subsisting.
13. CONSEQUENCES OF TERMINATION
On termination of the Contract for any reason:
13.1. you shall immediately pay to the company all of CD’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the company shall submit an invoice, which shall be payable by you immediately on receipt;
13.2. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and clauses which expressly or by implication have effect after termination shall continue in full force and effect.
14. GENERAL
14.1. Force majeure:
14.1.1. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of CD or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
14.1.2. The company shall not be liable to you as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
14.1.3. If the Force Majeure Event prevents the company from providing any of the Services for more than 16 weeks, CD shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
14.2. Assignment and subcontracting:
14.2.1. The company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
14.2.2. You shall not, without the prior written consent of the company, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
14.3. Notices:
14.3.1. Any notice to be given to the company under these Conditions shall be deemed to be effectively served if sent by pre-paid post and correctly addressed to the registered office stated on the order.
14.3.2. This clause shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
14.4. Variation:
14.4.1. The company may vary these Conditions from time to time and you accept that the varied Conditions shall form part of the Contract and shall supersede any previous Conditions.
14.5. No partnership
nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
14.6. Third parties:
A person who is not a party to the Contract shall not have any rights under or in connection with it.
14.7. Variation:
Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the company.
14.8. Governing law and jurisdiction:
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.