Terms & Conditions
1. THESE TERMS
- What these terms cover. These are the terms and conditions on which I supply my services to you.
- Why you should read them. Please read these terms carefully before you submit your request for my services to me. These terms tell you who I am, how I will provide services to you, how you and I 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 me to discuss.
2. Information about me & how to contact Me
- Who I am. I am Katarzyna Golc, an individual in Warsaw, Poland. My main studio is located in Warsaw, Poland. I am VAT registered and will provide it if asked to do so.
- How to contact me. You can contact me by emailing me at info@kgolc.com
- How I contact you. If I have to contact you I will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to me in your request for my services.
- „Writing” includes emails. When I use the words „writing” or „written” in these terms, this includes emails.
3. My contract with you
- How I will accept your request for my services. My acceptance of your request or order will take place when I email or call you to accept it, at which point a contract will come into existence between you and I.
- If I cannot accept your request or order. If I am unable to accept your request or order, I will inform you of this in writing and will not charge you. This might be because of unexpected limits on my resources which I could not reasonably plan for or because I am unable to meet a delivery deadline you have specified.
4. Services
- Initial design consultation. I shall perform an initial consultation as to your requirements before preparing a fee proposal and design brief. As part of the initial consultation, I will examine the project and your requirements.
- Description. My services will consist of the following:
- Design Brief. Following the initial design consultation, I will prepare a substantive fee proposal and detailed design brief for your approval before undertaking the further services listed in this clause 4.2. Once you have had time to consider the design brief, I can consult further (in person, by phone or in writing) to discuss any changes you require and I shall produce a revised fee proposal. Once you are happy with the fee proposal, I will then issue you with an accompanying invoice. By making requested payment, you are indicating your agreement to the fee proposal and design brief.
- Spatial Review. I will prepare a spatial review of the scaled architectural drawings supplied by you for all areas of the project. I will prepare hand drawn conceptual plans and functional requirements for space, furniture and joinery (unless this is not needed as documented in the design brief).
- Style Guide. I will prepare a conceptual mood board in the most appropriate presentation format, tailored to your specific requirements as documented in the design brief. I will choose a number of key elements, e.g. furniture, materials, paint colors, lighting, window treatments, accessories, art and so on, to illustrate each area which may use images, hand-drawn sketches or samples. As this guide will be prepared to the design brief, any revisions required will not be included within the agreed pricing and such revisions will be additional services.
- Additional services. If revisions are required to the above noted services, or if any additional projects or services are needed by you above and beyond those covered in clause 4.2, I will agree to a new fee proposal and design brief.
- What I need from you. Unless otherwise agreed in the design brief, I will need the following items from you to perform the services:
- Sufficient information to prepare the design brief. I will obtain this information at the initial design consultation.
- Scaled architectural plans and elevations (scale 1:50 or 1:100) for the project.
- Existing project photos, where available.
- Conceptual style images that you may think are relevant.
- A detailed inventory, including dimensions and, where available, photos of any existing items to be incorporated in the scheme.
- Your plans and measurements. I will perform my services to the plans and measurements you have given me. You are responsible for ensuring that these plans and measurements are correct.
- Your other responsibilities. I will require that you:
- ensure that your home is safe (if I visit it) and that I and any of my representatives have unimpeded access to them at the times arranged between you and me; and
- are available either in person or by telephone at reasonable times to answer any queries that may arise during the carrying out of the services.
- My standards. My aim is to provide my services using reasonable care and skill and in compliance with the commonly accepted practices and standards of an interior design consultancy practice. Whilst my hope is that the outcome of the services will give you pleasure for many years to come, no interior design practice can guarantee this and you acknowledge that:
- all decisions are yours, even if they are recommended by me;
- My services are conceptual only and should be verified with relevant third party suppliers engaged by you to implement the design (if any). Unless agreed in the design brief, I will not liaise with any of the third party suppliers you engage. I will have no liability for any dissatisfaction you may experience because of the way in which the design is implemented by the third party suppliers; and
- my services will not be suitable or fit for construction purposes (including planning or building regulation consent). You will need to submit all conceptual drawings and materials to relevant third parties (e.g. architects, structural engineers, builders, local council) for technical interpretation and verification and who will be responsible for the review of all applicable laws, regulations, permissions and compatibility.
- Recommended third party suppliers. Where I recommend third party suppliers for your scheme, I 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. I cannot make any representation or commitment, and accordingly I 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.
5. My rights to make changes
- Minor changes. I may change the services you order:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect the performed services ordered.
- More significant changes. I may make changes to any goods for sale on my website or Guides but only after I notify you and give you the opportunity to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
- Changes to these terms. In addition, I may make changes to these terms but if I do so I will notify you and you may then contact me to end the contract before the changes take effect and receive a refund for any services or goods paid for but not received.
6. Providing the services or goods
- When I will provide the services.
- If you are purchasing services. I will begin the services on the date I accept your request for my services by email or telephone. The estimated completion date for the services will be outlined in the agreed fee proposal.
- Delivery costs of goods. The costs of delivery for goods ordered will be as displayed to you on your invoice or website.
- I am not responsible for delays outside my control. If my supply of the services or the goods is delayed by an event outside my control then I will contact you as soon as possible to let you know and I will take steps to minimize the effect of the delay. Provided I do this I will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact me to end the contract and receive a refund for any products you have paid for but not received.
- Collection by you. If you have asked to collect goods from any of my or my agent’s premises, you can collect them at any time during working hours of 9am to 5pm on weekdays (excluding public holidays).
- If you are not at home when goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, I will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
- If you do not re-arrange delivery. If you do not collect the goods from me as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot I will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite my reasonable efforts, I am unable to contact you or re-arrange delivery or collection I may end the contract and clause 10.2 will apply.
- If you do not allow me access to provide services. If I agree at the design brief stage that I need access to your property to perform the services, if you do not allow me such access as arranged (and you do not have a good reason for this) I may charge you additional costs incurred by me as a result. If, despite my reasonable efforts, I am unable to contact you or re-arrange access to your property I may end the contract and clause 10.2 will apply.
- Your legal rights if I deliver goods late. You have legal rights if I deliver any goods late. If I miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- I have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told me before I accepted your request that delivery within the delivery deadline was essential.
- Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.9, you can give me a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if I do not meet the new deadline.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.9 or clause 7.10, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that I will refund any sums you have paid to me for the canceled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to me or (if they are not suitable for posting) allow me to collect them from you. I will pay the costs of postage or collection. Please email me at info@kgolc.com for a return label or to arrange collection]
- What will happen if you do not give required information to us. I may need certain information from you so that I can supply the services or goods to you. If so, this will have been stated in the description of the services or goods on my website. I will contact you to ask for this information. If you do not give me this information within a reasonable time of me asking for it, or if you give me incomplete or incorrect information, I may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate me for any extra work that is required as a result. I will not be responsible for supplying the services or goods late or not supplying any part of them if this is caused by you not giving me the information I need within a reasonable time of me asking for it.
- Reasons I may suspend the supply of services or goods to you. I may have to suspend the supply of my services or goods to:
- deal with technical problems or make minor technical changes;
- update the services or goods to reflect changes in relevant laws and regulatory requirements;
- make changes to the services or goods as requested by you or notified by me to you (see clause 6).
- Your rights if I suspend the supply of our services. I will contact you in advance to tell you I will be suspending the supply of my services, unless the problem is urgent or an emergency. You may contact me to end the contract for services if I suspend it, or tell you I am going to suspend it, in each case for a period of more than one month and I will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
- I may also suspend the supply of our services if you do not pay. If you do not pay me for services when you are supposed to (see clause 12.6) and you still do not make payment within three days of me reminding you that payment is due, I may suspend supply of the services until you have paidme the outstanding amounts. I will contact you to tell you I am suspending supply of my services. I will not suspend my services where you in good faith dispute any unpaid invoice (see clause 12.8). As well as suspending my services I can also charge you interest on your overdue payments (see clause 12.7).
7. Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how I am performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11.
- If you want to end the contract because of something I have done or have told you I am going to do, see clause 8.2.
- If you have just changed your mind about goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
- In all other cases (if I am not at fault and there is no right to change your mind), see clause 8.2.
- Ending the contract because of something I have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and I will refund you in full for any services or goods which have not been provided and you may also be entitled to compensation. The reasons are:
- I have told you about an upcoming change to goods or these terms which you do not agree to (see clause 6.2 and clause 6.3);
- I have told you about an error in the price or description of the services or product you have requested or ordered and you do not wish to proceed;
- there is a risk that the supply of the services or goods may be significantly delayed because of events outside my control;
- I have suspended the supply of services for technical reasons, or notify you I am going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something I have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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.
- When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- goods that are made to your specifications or are clearly personalized (e.g. bespoke furniture made for you);
- goods liable to deteriorate or expire rapidly;
- services, once these have been completed, even if the cancellation period is still running;
- goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
- How long do I have to change my mind? How long you have depends on what you have requested or ordered and how it is delivered.
- Have you bought services? If so, you have 14 days after the day I email or call you to confirm I accept your request for my services. However, once I have completed the services you cannot change your mind, even if the period is still running. If you cancel after I have started the services, you must pay me for the services provided up until the time you tell me that you have changed your mind.
- Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receive the goods, unless:
- 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) receives the last delivery to change your mind about the goods.
- 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.
8. How to end the contract with me (including if you have changed your mind)
- Tell me you want to end the contract. To end the contract with us, please let me know by doing one of the following:
- Email. Email me at info@kgolc.com. Please provide your name, home address, details of the request or order and, where available, your phone number and email address.
- Returning goods after ending the contract. 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 me (if they are not suitable for posting) or arrange delivery (unless I am legally required to collect them). Please email customer services on info@kgolc.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling me you wish to end the contract.
- When I will pay the costs of return. I will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because I 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 my control or because you have a legal right to do so as a result of something I have done wrong; or
- In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How I will refund you. I will refund you the price you paid for the products including any refundable delivery costs by the method you used for payment. However, I may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- I 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 I refund you the price paid before I am able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay me an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method I offer. For example, if I 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 I will only refund what you would have paid for the cheaper delivery option.
- Where I am providing services, I 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 me 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.
- When your refund will be made. I will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods, your refund will be made within 14 days from the day on which I receive the product back from you or, if earlier, the day on which you provide me 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
- in all other cases, your refund will be made within 14 days of your telling me you have changed your mind.
9. My rights to end the contract
- I may end the contract if you break it. I may end the contract at any time by writing to you if:
- you do not make any payment to me when it is due and you still do not make payment within 28 days of me reminding you that payment is due;
- you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the services or goods, for example, dimensions, plans as agreed in the design brief, etc.;
- you do not, within a reasonable time, allow me to deliver goods to you or collect them from us; or
- you do not, within a reasonable time, allow me access to your premises to supply the services as agreed in the design brief.
- You must compensate me if you break the contract. If I end the contract in the situations set out in clause 10.1 I will refund any money you have paid in advance for goods or services I have not provided but I may deduct or charge you reasonable compensation for the net costs I will incur as a result of your breaking the contract.
- I may withdraw the services. I may write to you to let you know that I am going to stop providing my services. I will let you know at least seven days in advance of my stopping the supply of the services and will refund any sums you have paid in advance for the services which will not be provided.
10. If there is a problem with the services
- How to tell me about problems. If you have any questions or complaints about my services or the goods supplied, please contact us. You can email my customer service team at info@kgolc.com
- Summary of your legal rights. I am under a legal duty to supply goods and services that are in conformity with this contract.
- Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to me or (if they are not suitable for posting) allow me to collect them from you. I will pay the costs of postage or collection. Please email customer services on info@kgolc.com for a return label.
11. Price and payment
- Substantive fee proposal for design services. After the initial design consultation, if I am willing to offer to perform the design services that you require, I shall provide you with a written fee proposal for carrying out my full services at the same time as I deliver the design brief to you. This quotation will be valid for one month from its date. Any changes agreed to the design brief (in accordance with clause 4.2(a)) may result in a change to the fee proposal. Once the design brief and the fee proposal are agreed, I will issue you with an invoice and all prices will be fixed (and will include VAT where applicable) but please note that fees for additional services will be chargeable as detailed in clause 4.3 if you want me to go above and beyond the agreed design brief.
- How I calculate my fees. All of my fee proposals for my services (including additional services) are based upon the hourly rate (which includes VAT where applicable) of my designers which I will advise you of. I may, in my discretion, depart from this for some elements of my services but this is generally the basis of how I calculate the fees for my services.
- Where to find the price for the goods. The prices for the goods I sell (which includes VAT where applicable) will be the price indicated on the website when you placed your order or detailed on a guide or Invoice. I take all reasonable care to ensure that the price advised to you is correct. However please see clause 12.5 for what happens if I discover an error in the price you request or order.
- I will pass on changes in the rate of VAT. If the rate of VAT changes or becomes applicable between your request or order date and the date I supply the product, I 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.
- What happens if I get the price wrong? It is always possible that, despite my efforts, some of my offerings may be incorrectly priced. I will normally check prices before accepting your request or order so that, where the correct price at your request or order date is less than my stated price at your request or order date, I will charge the lower amount. If the correct price at your request or order date is higher than the price stated to you, I will contact you for your instructions before I accept your request or order. If I accept and process your request or order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, I may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. I only accept payment directly into my bank account, details of which I will supply you on request. When you must pay depends on what you are buying:
- For services, you must make the payments in accordance with the issued invoice. You must pay each invoice within seven calendar days after the date of the invoice.
- For goods, you must pay for the products before I dispatch them (except if they are bespoke goods where I will require payment in advance). I will not charge your credit or debit card until I dispatch the products to you.
- I can charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of America 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 me interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved I will charge you interest on correctly invoiced sums from the original due date.
12. My responsibility for loss or damage suffered by you
- I am responsible to you for foreseeable loss and damage caused by us. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both I and you knew it might happen, for example, if you discussed it with me during the sales process.
- I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or the negligence of my employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights as summarized at clause 11.2; and for defective products under the Consumer Protection Act 1987
- When I am liable for damage to your property. If I am providing services on your property, I will make good on any damage to your property caused by me while doing so. However, I am not responsible for the cost of repairing any pre-existing faults or damage to your property that I discover while providing the services.
- I am not liable for business losses. I only supply my services and goods for domestic and private use. If you use them for any commercial, business or resale purpose I will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Confidentiality and publicity
- Confidentiality. I shall treat all personal and business information supplied by you as confidential. I shall 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.
- Publicity. You permit me to photograph my design work and finished project on completion and to use those photographs in my publicity material (including, but not limited to; on my website and social media accounts), provided that I do not disclose details of you (or your family) or your location without your prior written consent.
14. Intellectual property
- Rights in my designs. The copyright and all other intellectual property rights in all designs and artwork drawn up by me as part of my services shall belong to us. You are granted a non-exclusive personal license to use and permit third party suppliers engaged by you to use such intellectual property rights to implement my designs for you but your third party suppliers may not use, and are not permitted, to use such rights for any other person other than you.
- Materials you provide. You shall ensure that I have all rights to use the materials supplied by you under clause 4.4 to perform my 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 me which arise as a result of you failing to obtain the necessary permissions to allow me to use such materials.
15. How I may use your personal information
- How I will use your personal information. I will use the personal information you provide to us:
- to supply the services and/or goods to you;
- to process your payment; and
- if you agree to this during the request or order process, to give you information about similar services or goods that I provide, but you may stop receiving this at any time by contacting us.
- I may pass your personal information to credit reference agencies. Where I extend credit to you I may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
- I will only give your personal information to other third parties where the law either requires or allows me to do so.
16. Other important terms
- I may transfer this agreement to someone else. I may transfer my rights and obligations under these terms to another organization.
- You need my consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if I 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. 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.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs 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.
- Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I 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 me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the products, I 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. These terms are governed by United States law and you can bring legal proceedings in the United States courts. If you live in the United States you can bring legal proceedings in the United States courts. If you are not a United States citizen, or if you do not reside in the United States, these terms are still governed by United States law and you must bring legal proceedings in the United States courts unless the laws of your usual place of residence prohibit this or give you other rights in respect of governing law and/or jurisdiction/forum, in which applicable case the governing law shall be the laws of your usual place of residence and/or you can bring proceedings in the courts of your usual place of residence.