Terms and Conditions
Terms and Conditions
These are the terms on which we will supply services to you. Please read them carefully before you submit your order. These terms tell you (the customer) who we (Bath Bespoke Ltd) are, how we will provide services to you, how we charge for our services, how you and we may change or end the contract, what to do if there is a problem and other important information.
We ask you to read these terms and conditions fully before placing your order. You agree that you have fully read, understood and agree to our terms and conditions. All orders placed are bound by these terms and conditions.
Definitions
In these Conditions:
- The “Company” means Bath Bespoke Limited.
- The “Customer” means the Customer of the Company.
- The “Contract” means any contract for sale of goods or services by the Company to the Customer.
- The “Goods” means any goods forming the subject of this contract including materials incorporated in them.
- ‘We’ means Bath Bespoke Limited.
- “Us” means Bath Bespoke Limited.
- “You” means you the Customer.
Information about us
We are Bath Bespoke Limited, a private limited company registered in England & Wales with number 07605927. Our registered address is Bath Bespoke Limited, Hartley Farm, Winsley, Nr Bath, BA15 2JB. You can contact us by telephone on 01225 920 900, by email to [email protected] or by writing to the above address. If we need to contact you, we will usually do so by telephone or email.
How we work
How we will accept your order
Our acceptance of your order will take place when you accept your quote via our email system (do this by clicking ‘accept’ when you open your quote); at this point a contract comes into existence between us. The contract will include these terms and any other terms we put in a confirmation email.
If we are unable to accept your order, we will inform you of this and we will not charge you. This may be due to unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the products.
When you must pay us
The ‘Design and booking deposit’ – You must make an initial payment of 20% of the overall anticipated project budget to survey and begin the design stage. If you wish to cancel your order following this stage Bath Bespoke will refund 50% of the design and booking deposit, the remaining 50% is non-refundable. Please note that these are our general payment terms however, for larger projects we may require progress payments which we will detail directly to you if applicable.
‘Manufacturing Deposit’ You must make a payment of 50% of the overall anticipated project budget to confirm acceptance of your order to begin the manufacturing process.
‘Pre-Delivery Deposit’ a 20% payment for goods manufactured is required no later than 24 hours before installation.
‘Final Balance’ The final balance payment of 10% is due on the final day of installation. Any additional changes, refunds or extra costs that have been made throughout the design process will also be billed at this stage as a separate invoice.
Payments are to be made as per your invoice due date either by BACS (preferred) or Cheque; unfortunately we do not accept card payments. In all instances payments need to be cleared before Bath Bespoke commence with any further work related to the next stage of your project; please ensure you factor this in when making payments, particularly by cheque. The final product becomes yours once paid in full; you must ensure that you have adequate insurance to cover all risks from that time.
Please note – if you do not pay us when you are supposed to, we may suspend the project until you have paid us the full amount due. If we need to do this, we will put all craftsmen and contractors on hold. We will contact you to tell you we are suspending the project. As well as suspending the services, we may also charge you interest on any amount that is overdue.
Your Order
Initial Consultation
An important part of our assessment is to view your chosen space, discuss your requirements and budget and make some initial suggestions. This initial consultation will take place in your chosen space, ideally within reasonable time from your first contact with us.
The consultation is your opportunity to show us the space, tell us your ideas, discuss suggestions and ask any questions you have about how we work. The consultation generally lasts 60 minutes, during which time we go through your requirements in detail, hand sketch a few ideas and generally get a better feel for the space. It is at this stage that we will briefly survey the site and we may also take initial measurements. We do not charge for our initial consultation.
Quotation and Booking Deposit
After our initial consultation we will send you a quote where you will need to click ‘accept’ to form the contract. We will then request your design and booking deposit which will trigger the development of your conceptual drawings.
Full Survey
Following the initial consultation, we produce CAD, two-dimensional concept drawings to capture the style and feel of the space, a proposed layout for the space together with an indicative cost to complete the work if different from what was agreed on the quotation. We will invite you to attend this meeting at our showroom where we will review the outline visualisations and drawings with you; these are illustrative only and are not fully representative of the final product design. In our design, we will present style suggestions, samples, floorplans, layouts and a proposed budget for the overall project.
Final Design Development
If you have paid the 20% booking deposit and are happy with the concept drawings, we will begin to prepare technical drawings ready for manufacture. How long this takes varies according to the complexity of your particular project and will adjust based on changes you may ask us to make along the way.
During this part of the design development process we will finalise the selected materials, colours, layouts, details, worktops, ironmongery and appliances and confirm the cost of your project. We will endeavour to use the materials that you select however, if for whatever reason any particular materials have ceased to be available, we will source the closest match and decide on a suitable alternative for your project.
Sign Off & Manufacturing Deposit
Once you are happy with your final design and this is signed off we will ask you to pay your 50% manufacturing deposit (this percentage will vary for projects over £50,000). It is crucial that you are happy with your final design as it is here that we will start ordering all related materials, components, ironmongery and where applicable, appliances. There may be selected occasions where items supplied by third parties such as appliances, bespoke ironmongery or worktops require immediate payment in order for us to secure your order; we may therefore require 100% payment for such items at this stage but this will vary according to each suppliers terms. If your project does require such payments we will let you know at the earliest instance.
Due to the bespoke nature of your project we will be unable to change your design after this stage; if in the rare instance that changes are possible these will commonly give rise to additional costs which you will be responsible for. Late changes where possible may also delay the installation date of your furniture.
Following the cleared payment of your ‘Manufacturing deposit’ we will send you an email confirming your estimated project completion date; unfortunately we can not provide your installation date before this stage.
Bath Bespoke will always aim to begin installation on the proposed date, however if for any reason we need to delay the start date of your installation we will of course give you fair notice. Bath Bespoke will not be liable for any financial charges incurred by the client as a result of these delays.
Delivery and Installation
As a general instruction, your space will need to be well heated prior to installation. Cold or uneven temperatures can adversely affect cabinetry, by warping and causing stress to joints which can cause cracks. Please ensure that your space is evenly and properly heated prior to installation; where applicable please also ensure that plastering or any other wet trade work happens at least 1 week prior to your cabinetry being fitted. We are not responsible for any damage caused by poor or uneven heating.
The design team will work with you to ensure that sufficient space is available for your product to be delivered and installed. On the rare occasion that steps need to be taken such as door frames, windows or bannisters being temporarily removed to allow unrestricted access, you agree that you are happy for this to take place and if not, you will raise this with the design team before your designs have been signed off. For flooring work it is the clients responsibility to ensure all items including furniture have been moved from the designated installation areas prior to work taking place; if you have any concerns about your ability to do this please talk to the team no later than 6 weeks prior to installation. Delays caused by failure to clear areas prior to flooring installation may incur a charge.
It is the Customer’s responsibility to ensure the unloading area and drop off point are suitable; this includes but is not limited to reserving space to park, arranging permits for vans etc ready for the agreed installation date where possible. We will always do our best to make sure your furniture is delivered on the day we say it will be however unforeseen delays can happen. If there is a chance that your work may be delayed we will always reschedule the delivery date as soon as possible and inform you at the earliest foreseeable instance.
If there are any delays because your space is not ready, whether the delay is caused by you or others hired by you then we retain the right to charge an additional fee to cover any costs for redelivery and storage. The same applies if we attempt to deliver your furniture and the site is not secure, we are denied entry without good reason, the property is not water tight or there is a risk to the cabinetry. On the rare occasion that there is any damage during delivery for installation, we will endeavour to replace or repair the items as quickly as possible, however we are not liable for any further costs you may have to incur.
Goods are prepared for the Customer according to our workshop schedule. If the Customer delays delivery, installation or collection after the furniture has been made, storage of the goods is entirely at the Customers’ risk. Storage space is limited and where we are able to accommodate this request, a storage charge may be incurred. The Company will endeavour to store the items carefully however we will not be liable for any damage no matter how caused. The Customer agrees that timber as a natural product is subject to movement and may move during the period of storage. The Customer expressly agrees that The Company is not liable for any such movement, as we do not have the correct environmental storage to prevent this.
Design
The Design Process
You acknowledge and accept that all designs, including those prepared by us, represent the opinion and tastes of the designer and how the designer interprets your instructions and wishes. We will do our best to meet your expectations and require you to sign off manufacture drawings once you are happy with the plans however we are not responsible if for whatever reason you do not like the finished product. You also accept and acknowledge that all samples provided by us are representative only and that the final product may vary slightly in colour, texture and finish, particularly where natural materials are selected; we are not responsible for any such variations.
Design changes
Once your manufacture deposit has been paid it is unlikely that we will be able to make changes to your final design. Please ensure you are completely happy and have made any desired changes prior to this stage. If you wish to make a change to the final design once manufacture has begun please contact us and we will clarify:
- whether the change can happen
- the cost for this
- the impact on timings
On the back of this you will need to confirm whether you would like to go ahead with the change and associated charges.
We may make minor changes to the design concept to implement or accommodate technical adjustments and improvements after consulting with craftsmen or contractors engaged on the project. In addition, it may be necessary to make more significant changes as the project progresses and information becomes known to us that we did not know at the initial design stage. If a significant change becomes required or is otherwise desirable, we will notify you and you may end the contract if you are unhappy with the proposed change.
If the performance of our services is affected by an event outside our control, we will contact you as soon as possible and we will take steps to minimise any delay. For example, this may happen where we have relied on plans provided by an architect, and these plans prove to be incorrect which results in changes to the design concept. Provided we do this, we will not be liable for delays caused by the event, and you will pay us any reasonable additional charges resulting, but if there is a risk of substantial delay you may contact us to end the contract.
You will not be entitled to a refund of any charges paid to us to the date you end the contract unless you are ending the contract because you have a legal right to do so. This is because we will have paid for materials and associated labour costs; where everything we do is bespoke, we will not be able to recover the cost of work already undertaken.
Drawings, CAD & visuals
Our designs, drawings and specifications are conceptual, and they must not to be used for architectural or engineering purposes. We are not responsible if you use our designs, drawings or specifications for any architectural or engineering purpose.
Materials
Timber is a natural product and has all manner of colour variations, and whilst we go to great lengths to colour match as much as possible, there may be slight variation in colour from piece to piece; removal of every single flaw would render the timber characterless. Accordingly, the Customer accepts where solid timber is being used there may be some flaws, such as knots and slight cracks which are a natural element of the timber. Whilst we go to great lengths to ensure the timber has been correctly dried, movement in solid timber cannot be prevented; these cracks may therefore appear after fitting (normally no more than a few millimetres in width). This is entirely normal and can be easily filled with a special coloured wax filler. End grain, by its very nature, is much more susceptible to movement based on atmospheric conditions therefore small cracks can also appear along glue lines. These cracks and movements do not constitute any fault with the timber used or the manufacture process, these happen simply due to the natural nature of the product; based on these explanations the Customer expressly understands and accepts this.
Components Guarantees
The majority of product components carry their own guarantee terms which Bath Bespoke Ltd are happy to pass on to you, the customer. Please contact [email protected] if you would like details of the component guarantees applicable to your project.
Paint
The paint we use is an exceptionally durable interior paint, however as a specialist paint it takes up to three weeks to fully harden, so please handle them with care during this period. Please also note that the darker the colour the slower the paint hardens, you will need to be extra careful with these. Once the three weeks have passed then your cabinetry will be fully cured.
Please note that we colour match our colours to your desired paint choice to ensure we are using the best paint for your furniture; the colour is therefore mixed to match your choice. This means that whilst the colour will be incredibly close to your selection this will not 100% match. Please bear this in mind when selecting your paint colour.
Appliances
Bath Bespoke can provide appliances if required and will provide a cost for doing this. If you purchase appliances from us, our cabinet fitters will install these into the correct locations, however as a standard practice Bath Bespoke does not provide plumbing and electrical tradesmen neither do we source this service on the clients behalf unless you explicitly ask us to in writing no later than your manufacture sign off date; if you opt for the latter you will be billed directly by these external trades. You are therefore responsible for organising the first and second fix electrical and plumbing works; we can provide technical drawings for these if required.
You are not obliged to purchase appliances through Bath Bespoke; If you purchase appliances from another company and require our fitters to put these in place then we ask that all appliances are delivered to the Bath Bespoke workshop 10 working days prior to the agreed kitchen installation start date to allow dimensions to be checked alongside the cabinetry. Where third party appliances are not delivered prior to the kitchen installation date and a return visit is required we will invoice you for this visit to carry out the necessary work.
Product guarantees are the responsibility of the client. All appliances ordered through Bath Bespoke will come with their product handbooks and where relevant, guarantee and registration details. Please use your product installation date as your purchase date.
Project coordination / management
Once we confirm acceptance of your order, we will work to see the project through from start to finish. If the project we are working on forms part of a larger project you are undertaking in relation to your space, you must ensure that you appoint in writing a principal contractor who will have control over any pre-construction phases. This is very important; if you fail to make the appointment in writing as soon as possible, you will be responsible for health and safety matters on the project. Kindly note that we are not qualified to act as principal contractor where we have not commissioned other contractors directly.
Sub Contractors
We are not responsible for the performance, quality, completion or delivery of any work, materials or equipment provided by tradesmen or subcontractors outside of Bath Bespoke ltd. We are not responsible for mediating between you and any other trades engaged by you if our work forms part of a larger project being undertaken by you. We recommend that you only arrange for other tradesmen to carry out work on your behalf after your Bath Bespoke furniture has been delivered and installed.
Our responsibilities to you
Bath Bespoke Ltd’s responsibilities
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of breaking our contract or failing to use reasonable care and skill, but we are 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, we both knew it might happen, for example, if you discussed it with us during our initial consultations. We do not limit in any way our liability to you where it would be unlawful to do so, and this includes liability for death or personal injury caused by our negligence.
We will make good any damage to your property caused by us. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services, or where any damage is not caused by us (for example, where it is caused by external craftsmen or contractors engaged on the project).
Title to the goods shall remain vested in The Company and shall not pass to the customer until the price for the goods has been paid in full and The Company’s obligations have been fully carried out. Until title to the goods passes the company have the authority to retake, or otherwise deal with and/or dispose of all or any part of the goods.
Your legal rights
This is a summary of your key legal rights. They are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill or get some money back if we cannot fix it.
- if you have not agreed a price beforehand, what you are asked to pay must be reasonable.
- if you have not agreed a time beforehand, the services must be carried out within a reasonable time.
- The statutory right of cancellation does not apply to orders which are made to measure or in any way cut or altered to your requirements.
- If custom or bespoke orders are faulty, The Company reserves the right to take corrective action, which may involve the return of the faulty item to our workshops for repair. You agree to let The Company perform corrective work at your premises if we deem that suitable.
- If your order is cancelled at any stage, a charge will be made for any work undertaken to the point of cancellation. This may exceed any monies already paid. Bath Bespoke Limited also reserve the right to make a charge for loss of profit in addition to the cost of work already carried out.
How we will us your personal information
We will only use personal information you give to us when the law allows us to. We do not rely on consent as a lawful basis for using your personal information because most commonly, we will be entitled to rely on a legitimate interest i.e. to provide our services and process payments.
Where applicable we will need to pass certain personal information to the craftsmen and contractors we engage to commission and install the final product and they will be a separate data controller (rather than a processor) for the purposes of data protection law. We will always tell you who they are, and you should review their privacy terms.
We will only use your personal information for marketing purposes where we have your explicit consent to do so. You can ask us to stop sending you marketing communications at any time. We will never pass your personal information to third parties for marketing purposes.
Photography and Marketing
We may arrange for a professional photographer to take photographs of the project at the start, throughout the works phase and following completion for our portfolio. Images would be used for promotional purposes on our website, social media channels, email marketing, print and online advertising and, with explicit permission, for submission to publications to secure editorial coverage. We will do our best to ensure that the photographs do not include personal information.
By agreeing to photography, you grant us the unrestricted right and permission to copyright, use and publish these photographs in any media for advertising or any other lawful purpose. You release us from any claim for remuneration associated with the proper commercial or artistic use of the photographs. We will share photography when available and will consider any reasonable request you make in respect of their usage.
Other important information
Our contract will be between you and us. No other person will 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 do not insist immediately that you do anything you are required to do under our contract, or if we delay in taking steps against you in respect of your breaking our contract, that will not mean that you do not have to do those things. If you miss a payment and we do not immediately demand payment or suspend the services, we may still require you to make the payment at a later date.
These terms and conditions are governed by English law and you and we can bring legal proceedings in respect of the services only in the English courts
The Company reserves the right to:
- (a) Alter these Terms and Conditions upon giving you advance notice.
- (b) Decline service to any individual Customer. The above Terms and Conditions shall not affect your statutory rights as a consumer. The contract between us shall in all respects be governed by and construed and interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.