Elegant Finishes Limited

Terms and Conditions of supply of services to consumers

1. Definitions

When the following words with capital letters are used in these Terms, this is what they will mean:

• Event Outside Our Control:  is defined in section 2;
• Project Schedule: a schedule of the Services;
• Services: the services that we are providing to you as set out in Project Schedule which can include but not limited to painting and decorating;
• Terms: the terms and conditions set out in this document; and
• We/Our/Us: Elegant Finishes Limited, a company registered in England and Wales (company registration number: 15837669) with a registered address at 1^st Floor, Hill Top Farm Offices, Storiths, Skipton, North Yorkshire.  BD23 6HX.  We are currently not registered for VAT.

When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

2. Our contract with you

• These are the Terms on which We supply Services to you.
• Please ensure that you read these Terms carefully, and check that the details on the Project Schedule and in these Terms are complete and accurate, before you sign and submit the Project Schedule. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
• We consider that these Terms and the Project Schedule constitute the whole agreement between you and Us.
• When you sign and submit the Project Schedule to Us, this does not mean that We have accepted your order for Services. Our acceptance of the Project Schedule will take place as described in section 5. If We are unable to supply you with the Services, We will inform you of this in writing and We will not process the Project Schedule.
• These Terms will become binding on you and Us when We issue you with a written acceptance of the Project Schedule, at which point a contract will come into existence between you and Us.
• If any of these Terms conflict with any term of the Project Schedule, the Project Schedule will take priority.

3. Changes to the Project Schedule

We may revise the Project Schedule from time to time in the following circumstances:

3. • • changes in how We accept payment from you;

3. • • you have requested and we have agreed to make changes to the Services;

3. • • We are unable to meet the deadlines set out in the Project Schedule due to employee and/or sub-contractor illnesses or unforeseen absences;

3. • • changes in relevant laws and regulatory requirements; or

3. • • changes resulting from any Events Outside Our Control.

• If We have to revise the Project Schedule and such revision results in a change in the total price of the Services, We will notify you of the amended price and you will be charged the new price as soon as practicable. If you wish to cancel a Project Schedule before it has been fulfilled, please see your right to do so in section 9.
• If We do make any changes to the Project Schedule and price following your instruction, We will attempt to update the Project Schedule and email you with the changes at the relevant time but only if you request this information. This is not always possible due to the nature of the Services. Sometimes We will provide the additional or varied Services before We have the opportunity to update the Project Schedule. The revised price of the Services will still apply to the Services provided even if We have not updated the Project Schedule or emailed you beforehand. For the avoidance of doubt We will always communicate to you verbally of any revised price.

4. Providing Services

• We will supply the Services as described in the Project Schedule and the FAQ guide to you from the date set out in the Project Schedule and until the estimated completion date set out in the Project Schedule or until the Project is complete. The FAQ guide is located here [INSERT LINK] and shall include information such as Our lead times on ordering materials, mixing services etc.
• If you do not allow Us access to your property as arranged We may charge you additional costs incurred by Us as a result. If, despite Our reasonable efforts, We are unable to contact you or re-arrange access to Your property We may end the contract under section 10.
• Wherever possible, You shall ensure that no third party service provider will be working at your property during Our undertaking of the Services. If We are not able to have sufficient unencumbered access to your property to deliver the Services or the provision of the Services is prevented or inhibited by the presence of or delayed due to third party contractors or a change to the project timescales then We may charge you additional costs incurred by Us as a result.
• Unless otherwise agreed by Us in writing, you must ensure that prior to the commencement of the Services at your property, you clear all furnishings, appliances, equipment, items, waste and debris that will or may prevent or inhibit the provision of the Services or be damaged by the carrying out of the Services. We may charge you additional costs incurred by Us as a result of our performance of the Services being prevented, delayed or inhibited. We will provide suitable covering for any items that cannot be moved from the area where the Services are to be provided, but the risk of damage to the items will remain with you, save where any damage is caused by Our negligence.
• You will provide Us means of access to your property for the purposes of enabling Our personnel to enter and work at your property. You will also provide Us and Our personnel access to water supply, a waste disposal facility, a mains electricity supply and toilet facilities.
• We may store Our equipment at your property with your consent and you will not use, move or otherwise interfere with Our equipment. If you consent to the equipment being stored at your property, you will remain liable for the equipment whilst it is on your property.
• If there are any parking restrictions surrounding your property, We may request the temporary use of your driveway or parking space, if applicable.
• If We suspect that your property has been contaminated by asbestos, We will not be under an obligation to undertake the Services until the asbestos has been removed the property declared safe for Services to be undertaken by an appropriate authority.
• We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See section 8 for Our responsibilities when an Event Outside Our Control happens.
• We will need certain information from you that is necessary for Us to provide the Services in advance, for example, choice of paint colour, location, delivery times, details for electrical fitting. We will contact you in writing about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, this may result in a delay in providing the Services and We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be responsible or have any liability for any delay or non-performance where you have not provided this information to Us after We have asked. If We suspend the Services under this section 10, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any Services already carried out.
• We may have to suspend the Services if We have to deal with technical problems or if We have to update the Services to reflect changes in relevant laws and regulatory requirements or to make improvements or changes to the Services agreed between you and Us in writing. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this section 4.12 but this does not affect your obligation to pay for any Services already carried out.
• If you do not pay Us for the Services when you are supposed to as set out in section 6.4, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under section 6.7). We will contact you to tell you this. This does not affect Our right to charge you interest under section 6.6.
• If you are not happy with the choice of paint colour applied at the Property, We may re-paint the Property with a new choice of paint colour at your request, but you will be charged for Our additional work and materials.

5. If there is a problem with the services

• If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01756 711820 or by e-mailing Us at admin@elegantfinishes.co.uk.
• If you wish to contact Us in writing, or if any section in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Hill Top Farm Offices, Storiths, Skipton, North Yorkshire.  BD23 6HX or admin@elegantfinishes.co.uk. We will confirm receipt of this by contacting you in writing.  If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Project Schedule.
• Nothing in these Terms will affect your legal rights.
• The Consumer Rights Act 2015 says:

5. • • you can ask Us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if We cannot fix it.

5. • • if you have not agreed a price beforehand, what you are asked to pay must be reasonable.

5. • • if you have not agreed a time beforehand, it must be carried out within a reasonable time.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

6. Quote, price and payment

• Any quote provided by Us is an estimate only and will be also be dependent on both labour and material costs at the relevant time.
• The price of the Services will be set out in your Project Schedule. Our prices may change at any time, but price changes will not affect a Project Schedule that We have confirmed with you unless changes to the Project Schedule are requested by You or become necessary for the Services to be completed or due to matters described under sections 3 (Changes to the Project Schedule), 4 (Providing Services) or 8 (Events Outside Our Control).
• Where We are providing Services to you, one of the following payment structures will apply:

6. • • if the projected cost of the Services is less than £4,999.99 (inclusive), We will ask you to make an advance payment of 50% of the price for the Services and the remaining 50% will be invoiced on completion of the Services;

6. • • if the projected cost of the Services is between £5,000.00 (inclusive) and £19.999.99 (inclusive), We will ask you to make an advance payment of 40% of the price for the Services, 40% midway through providing the Services and the remaining 20% will be invoiced on completion of the Services; or

6. • • if the projected cost of the Services is more than £20,000.00 (inclusive), We will agree to a bespoke payment schedule with you before We commence the Services.

• Your rights to a refund on cancellation are set out in section 9. We will invoice you for the balance of the Services on or any time after We have performed the Services for the Services until the Services are completed. Each invoice will quote the Project Schedule number. You must pay each invoice in cleared monies within seven (7) calendar days at the date of invoice by a bank transfer to Our nominated bank account.
• If you do not make any payment due to Us by the due date for payment, We 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 England 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.
• However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, section 6.6 will not apply for the period of the dispute.

7. Our liability to you

• 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 the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
• If We are providing Services in your property, and provided that you have complied with your obligations at section 4.4, We will make good any damage to your property caused by Us in the course of performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
• We supply the Services as outlined on our website including domestic, commercial, industrial and private use.
• We do not exclude or limit in any way Our liability for:

7. • • death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
     • fraud or fraudulent misrepresentation; or
     • for breach of your legal rights in relation the Services as summarised at sections 5.3 and 5.4.

8.  Events Outside Our Control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
• An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.
• If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
  • We will contact you as soon as reasonably possible to notify you; and
  •  Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
  • You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under section
  • We will only cancel the contract if the Event Outside Our Control continues for longer than four (4) weeks in accordance with Our cancellation rights in section 10.

9. Your cancellation rights

• You may contact Us at any time to end the contract for the Services, but in some circumstances We may charge you certain sums for doing so, as described below.
• If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and We will refund you in full for any Services which have not been provided or have not been properly provided. The relevant reasons are:

9. • • We have told you about an upcoming change to the Services or these Terms which you do not agree to;

9. • • We have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

9. • • there is a risk the Services may be significantly delayed because of Event Outside Our Control;

9. • • We suspend the Services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than thirty (30) days; or

9. • • you have a legal right to end the contract because of something We have done wrong.

• If you are not ending the contract for one of the reasons set out in section 9.2, the contract will end immediately but We may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.

10. Our cancellation rights

• We may end the contract if you break it. We may end the contract at any time by writing to you if:

10. • • you do not make any payment to Us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;

10. • • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or

10. • • you do not, within a reasonable time, give us access to your property to enable Us to provide the Services to you (as set out in section 4.2).

• You must compensate Us if you break the contract. If We end the contract in the situations set out in Section 10.1 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 your breaking the contract.
• We may stop providing the Services. We may write to you to let you know that We are going to stop providing the Services. We will let you know at least fourteen (14) days in advance of Our stopping the Services and will refund any sums you have paid in advance for Services which will not be provided.

11. How we may use your personal information and content uploaded

• We will only use your personal your personal information as set out in Our privacy policy. You can find Our privacy policy appended at Schedule 1 to these Terms.
• You will grant Us permission to take images of the ongoing and/or completed Services (the “Images”) during the duration/following completion of the Services and to upload the Images on Our website and social media channels and We will retain ownership in the Images. The Images will not contain any personal data e.g. your property address, name. If you would like Us to not do this then please let Us know in writing.

12. Project management and sub-contractors

• Unless otherwise agreed expressly in the Project Schedule, We shall not be responsible for providing project management services in respect of the Project or liaising with third party service providers on your behalf, save where We subcontract the Services to them ourselves. If you agree variations to the Services to be provided by any such subcontractors, you shall be responsible for any additional costs and delays caused to the delivery of the Services
• We may subcontract the Services to a third party. If We do subcontract any of the Services to a third party, We shall remain responsible for all acts and omissions of Our subcontractors as if they were Our own. However We shall not be responsible for any act or omission of any subcontractors that you engage with.

13. Other important terms

• We may transfer Our rights and obligations under these Terms to another organisation, this will not affect your rights or Our obligations under these Terms.
• This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
• 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.
• If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
• These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.