TERMS AND CONDITIONS
1. Definitions and Interpretations
2. Legal Agreement
3. Representations
4. Contract Creation
5. Customer Obligations in Regard to Transactions
6. Foreign Tax, Custom Duties and Other Charges
7. Discount Codes
8. Interior Design Services
9. Meeting and Consultation cancellations and rescheduling
10. E-design (Virtual Design)
11. Price and Payments
12. Variation and amendments of Services
13. Issues with Services
14. Consumer Contracts Regulations 2013 - Cancellation of an Order
15. Cancellation after Cooling Off Period, Cancellation for Business Customers
16. Intellectual Property and Copyright
17. Modification, Withdrawal or Termination of Site, Service or Content
18. Transfer of Rights and Obligations
19. Personal Information
20. Communication with SW
21. Disclaimer of Warranties
22. Limitation of Liabilities
23. Exclusions and Limitations
24. Waiver
25. Severance
26. Termination
27. Force Majeure/Circumstances Beyond SW’s Control
28. Entire Agreement
29. Governing Law
30. Changes to Terms and Conditions
31. Complaints and Feedback
32. Contact
TERMS AND CONDITIONS VERSION 01 Last amended 24/2 - 2026
These Terms and Conditions apply to all Services provided by Studio Wallander. For the purposes of these Terms and Conditions, the data controller is Studio Wallander.
www.studiowallander.com is owned and operated by Sara Wallander-Ross (sole trader) trading as Studio Wallander.
1Definitions and Interpretations
1.1 In these Terms and Conditions, unless the context requires otherwise, the following definitions have the following meaning:
‘SW’, ‘we’, ‘us’, ‘our’ shall refer to Studio Wallander. ‘The Site’, ‘Website’ shall refer to www.studiowallander.com. ‘Services’ shall refer to the services provided by SW to the individual user as detailed in our Proposal, such as interior design services, including virtual design (E-design). ‘Consumer’ as defined in the Consumer Rights Act 2015. ‘Client’, ‘User’, ‘Customer’, ‘You’ and ‘Yours’ refer to you, the Consumer, firm or corporate body purchasing the Services or Products. ‘Contract’, ‘Agreement’ means the contract formed between you and us, as detailed in clause 4. ‘Products’, where applicable, means the products, physical as well as including e-products such as e-books and courses, to be provided by us to you as detailed in our Proposal or as ordered by you via the Website. ‘Proposal’ means our estimate for providing the interior design Services, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of works. This may be by way of a formal fee proposal, an email confirmation, or a Letter of Agreement.
1.2 Each reference in these Terms and Conditions to:
1.2.1‘writing’ and ‘written’ includes emails;
1.2.2a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3‘Terms and Conditions’, ‘Terms of Service’, ‘Terms’ reference these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4a clause/section is a reference to a clause or section of these Terms and Conditions;
1.2.5and a ‘Party’ or ‘Parties’ refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are included for clarity and convenience only and have no effect on their interpretation. They will not limit, change of affect these Terms.
1.4 Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.
1.5 These Terms and Conditions set out the legal relationship between Studio Wallander and you, the Consumer, firm or corporate body. Please read them carefully. Should you not agree with any clause of these Terms, please do not use the website, and do not buy products or services from SW.
2 Legal Agreement
2.1 By visiting, browsing, making an enquiry via the Site, making a purchase, submitting any forms, entering into a contract or otherwise interacting with the Site, or with SW via any means, you are accepting and consenting to the practices described in these Terms, together with any additional terms presented on the Site, referenced within these Terms or made available by hyperlink, such as Website Terms of Use and Privacy Policy/Cookie Policy. By agreeing to these Terms, it shall be assumed that you have read, understood and agreed with the Privacy Policy, Website Terms of Use and any other relevant terms. If you do not read, understand or agree with these Terms and all aforementioned terms and policies, you must cease to browse, interact, either with SW, the Site or otherwise use the Site, and discontinue use of the Site and Services. These Terms and Conditions apply to all users, customers, browsers, and visitors without exception.
2.2 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
2.3 You cannot transfer your rights and obligations under these Terms to any another person without our written approval. This contract is only between you and SW. No other third person shall have any rights to enforce any terms.
2.4 These Terms were written in English. If a translated (non-English) version of these Terms should in any way conflict with its English version, the provisions of the English version shall prevail.
3 Representations
3.1 You acknowledge and agree that by entering into a contract with us, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, relevant contract or agreement, Website Terms of Use or the Privacy Policy.
3.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in these Terms.
3.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services or Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise, is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services or Products are suitable for your purposes.
4 Contract Creation
4.1 These Terms and Conditions govern the sale of all Services and Products provided by us and will form the basis of the Contract between you and us.
4.2 Following our initial consultation (if any) or general contact, we will provide you with a Proposal/Scope of Work, or an agreement for the Services and/or Products you have requested.
4.3 A legally binding Contract between you and us will be created when you accept our Proposal, or for set price Services such as consultations and concept design packages, a contract is formed upon acceptance of the agreement sent to you. Before accepting our Proposal or Agreement, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification. No terms or conditions issued or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
4.4 Any Proposal we may send is based on the information provided to us at the time we prepare it. All details of the project or any relevant information must be given to us fully and to the best of your knowledge. If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to the price.
5 Customer Obligations in Regard to Transactions
5.1 You warrant that you are legally capable and permitted to enter into a legally binding contract. By using the Site and/or SW’s Services, you confirm that you are over the age of 18 and have legal capacity to enter into a contract. SW does not enter into any contracts with, or sell to minors.
5.2 To enable completion of any transaction(s) actioned by you, you agree to provide wholly correct, complete and current purchase and personal information. You verify, by making a purchase or paying an invoice, that you have the right to use any method of payments you employ. You shall not employ any method of payment you have obtained by fraudulent means. Should it come to our attention that transactions have been made by fraudulent means, we shall be obliged to report such instances to the relevant authorities.
5.3 If your circumstances or personal details change, you agree to promptly update your account (when applicable) with the correct details needed to complete transactions, payment of invoices and enable contact regarding Order/Services or other matters, such as marketing (if you have agreed to such communications. Please see Privacy Policy regarding consent).
6 Foreign tax, Custom Duties and Other Charges
6.1 We only accept payments in Pound Sterling. Any bank or other charges for payments made not in Pound Sterling (such as currency conversion commissions or transfer fees) will be borne by you, and at no point will SW be liable for such charges. Any charges for duties or customs, should you not be resident in the UK and if such charges would be applicable, will be anticipated, calculated and borne by you.
6.2 SW verifies that it does not knowingly contravene any applicable laws, neither in the UK nor in any other relevant locations, with the Services or Products being offered for sale.
7 Discount Codes
7.1New clients may receive a discount code at the discretion on SW (value to be determined by the offer at the time, and subject to change without notice by SW). The discount is valid on full price items/services only and can be used only once. It cannot be used in conjunction with any other offers. Any other charges incurred by a purchase, such as delivery fees, bank or customs charges are not included, and the full amount of such fees shall be borne by the Customer.
8 Interior Design Services
N.B these clauses exist in addition to relevant clauses stated in Section 9 and 10
8.1 We will ensure that our Services are provided with reasonable care and skill, and in accordance with best trade practices. Our Services, and any guidance we provide, will be from an interior design perspective only; you must gain specialist advice from architects, building control, structural engineers or other specialist contractors or trades where applicable.
8.2 We might need certain information from you that is necessary for us to provide the services, for example dimensions (if measuring is not part of the agreed Service), any relevant known issues of the property in question, listing status etc. 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, we may suspend the Services by giving you written notice. We will not be liable 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 clause 8.2, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent.
8.3 We may have to suspend the Services if we have to deal with technical problems, or to make improvements 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 clause 8.3, but this does not affect your obligation to pay for any invoices we have already sent.
8.4 We will make every effort to provide the Services in a timely manner. However, there may be delays due to Circumstances Beyond Our Control. Please see clause 28 for further information.
8.5 If you do not pay us for the Services when you are supposed to, we reserve the right to suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest. Please see clause 11.5.
8.6 If we supply a product to you as part of the Services (such as a report, presentation document, CD/DVD, e-book/course, digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such a product, and any drafts, drawings or illustrations we make in connection with the service for you. Please also see clause 8.9 and 16 regarding Copyright and Intellectual Property.
8.7 We will provide you with a number of designs which will need to be approved by you in writing. We will accommodate revisions to your chosen design; the maximum number agreed prior to delivery of the Service. A revision is a minor change as determined by SW. A revision is not a major re-design. Any major changes will be subject to an additional fee. Any further alterations, any changes to the original brief, any changes required after you have approved the design, works required outside of our normal working hours (Monday to Friday, 10am – 4pm excluding bank holidays and weekends) or any additional visits or online or phone calls required above the allowance included for in our Proposal or Agreement will be chargeable at our hourly rate applicable at the time. By accepting the Proposal, you are agreeing to these Terms.
8.8 If you require any additional services after accepting our Proposal or Agreement, we will provide you with a further Proposal, which must be accepted by you in writing before we will proceed.
8.9 We may provide sketches or impressions before or during the provision of the Services. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the works to be provided, nor to guarantee specific results, and is not to be used for construction purposes unless specifically issued as such. We will not be held responsible for any construction based on such drawings. Any such sketches remain the Intellectual Property of SW. At no point and for no reason is the publication (e.g. on social media or in print) or uploading to any AI agent of such material, including any finished Proposals/Presentations/Mood Boards/Drawings etc. allowed without prior written agreement from SW.
8.10 We will provide our designs and plans digitally and have included for this in our Proposal. If you require printed materials, we will charge for our costs.
8.11 It is your responsibility to check all dimensions and measurements set out in any plans we provide, and it is the builder’s or contractor’s responsibility to report any discrepancies to us prior to any construction or building work starting.
8.12 If we are asked to provide lighting, heating, flooring or other plans, we will produce these as guidance only from a design point of view. It will be the relevant contractor’s responsibility to ensure the work from the plans we have created is safe and practical.
8.13 If a project falls under the Construction (Design and Management) Regulations 2015, CDM duties apply, even if the project is not notifiable to HSE. For all intents and purposes, we are acting as a Designer under CDM and are not appointed as Principal Designer unless agreed in writing. We do not, under any circumstances, take on any domestic client duties.
8.14Unless expressly stated in writing, the Services exclude project management, contract administration, procurement and FF&E ordering (including dealing with deliveries and returns), cost consultancy, statutory approvals, planning and building regulation permissions and specialist consultant services.
8.15Where we assisst with sourcing, co-ordination or communication, we act as Agent to the client, and do not assume the role of contractor or Principal Designer unless expressly appointed in writing.
8.16 We may provide suggestions for products or other services to be provided as part of your project. You are under no obligation to accept these suggestions but if you decide to, you will need to ensure the relevant supplier is suitable for your needs. A separate contractual relationship will be created between you and the supplier, under separate terms and conditions. You will be responsible for making arrangements and paying the supplier directly and they will be liable to you directly for their actions or inactions.
8.17 We may agree to coordinate the ordering of products for your design. We cannot be held responsible for arranging repairs, replacements, returns or freight claims for purchases you have made. We strive to select furniture and accessories and brands with good reputations; however, we will not be held responsible for the quality of any furniture or accessory that we select or propose.
8.18 If we agree to meet with you, we reserve the right to charge for our mileage and travelling time. Mileage will be charged at 45p per mile unless otherwise agreed. We require a minimum of 48 hours’ notice if the agreed meeting date or time is to be changed, except for changes due to illness (in person meetings). We reserve the right to charge for any costs incurred by us by such changes.
8.19 Any Site Visits are for design intent only, not Site Management, unless otherwise agreed in writing.
8.20 Any virtual or face-to-face stand alone consultations are payable in advance. No date is confirmed until payment has been received. Please see clause 11 for Payment.
8.21 Any timescales for delivery of designs we provide are for guidance only and are not of the essence of the Contract. Timescales assume timely decisions and correct information from the client and relevant third parties.
9 Meeting cancellations and rescheduling
9.1 Any face-to-face consultations booked shall be cancelled and rescheduled or moved to an online format in the case of contagious illness, however slight. Should SW come for an in-house consultation and there is illness of any contagious kind, SW will leave and any fee received for the consultation will be retained. It may then be rescheduled for a later date with a further fee payable. If illness is the cause for rescheduling, late notice within 48 hours is acceptable.
9.2 For all other reasons, 48 hours is required for any rescheduling of a consultation, whether in person or online. For late changes or cancellations within 48 hours for other reasons than illness (in person meetings), 50% of the fee paid may be retained, at SW’s discretion.
9.3 In the case of no-shows for online consultations or if you are not at home for a face-to-face visit, the full amount of the consultation equal to a Parlour Consultation, plus travel time and expenses will be retained and another consultation fee must be paid to secure another slot. If another slot is not booked, the full amount paid to date will be retained.
10 E-Design Services (Virtual Design)
N.B these clauses exist in addition to relevant clauses stated in Section 8 and 9
10.1 E-Design services are an online decorating consultation service only. All recommendations are regarded as suggestions to improve the aesthetic of your space and are not intended for construction services.
10.2 You are responsible for confirming the accuracy and completeness of any information that is provided.
10.3 Floor plan measurements and other details are for illustration purposes only, and as such, the floor plan or any related materials that illustrate the arrangement or placement of recommended items is intended to be used solely as a rough sketch in order to demonstrate the suggested placement or arrangement of recommended items.
10.4 All objects depicted in floor plans or any related materials that illustrate the arrangement or placement of recommended items will be chosen as an ‘approximate match’ to represent those pieces that have been noted in any shopping lists, if included. Colours, sizes and other details may not be exact.
10.5 You agree to correspond strictly through online communication using email and allocated, previously arranged calls in 15 minute blocks up to a maximum of 4 hours, unless otherwise agreed in writing. You agree to pay our hourly rate for unscheduled phone calls, and texts not previously agreed or above the 4 hours.
10.6 We will not be responsible for the means, methods or procedures of the construction, fabrication, delivery & installation, or safety precautions in connections with the e-design project.
10.7 Product sourcing is limited to certain countries and is not always offered.
10.8 In the event that you have a space that is a combination-use room (i.e. living room/dining room combination), payment will be for the number of spaces combined (in the case mentioned, the number of spaces would be two), unless otherwise agreed in writing.
10.9 One design revision is included in every e-design package. Additional revisions beyond those included are available at additional cost to be agreed upon in writing. For details on each package, please see www.studiowallander.com/services
10.10 We cannot guarantee the prices, long-term availability or standard of merchandise listed in any product shopping list. This includes antiques, art, and any other products.
10.11 We cannot be held responsible for arranging repairs, replacement or freight claims for purchases made in conjunction with recommendations for your e-design project.
10.12 We shall have the right to document the project notes, boards and photos, which may be used for portfolio, blog, social media, public display and similar publicity purposes. Such materials remain our Intellectual Property. Please see clause 16 for further information on Intellectual Property. Your first name (or a name agreed between us) and location may be used in connection with the documentation unless specified to the contrary. Your data will be held in accordance with our Privacy Policy. All documentation used on our behalf shall be paid by us. In addition, if you apply the tips and suggestions given and document/photograph these changes, we must be given credit as the consultant for the project if your documentation is released to the public.
10.13 Any consultations or meetings held online will be recorded and summarised by AI, if suitable. If you do not wish for this to occur, please let SW prior to the scheduled date.
11 Price and Payment
11.1 Our standard payment terms for projects over £500 are as follows:
11.1.1 For the Drawing Room Concept Design, 50% of the quoted fee is payable prior to booking a consultation. We will be unable to confirm a consultation date and availability for the work until this deposit has been paid in full. For other set amount services, 50% of the quoted fee is payable as a deposit once our Proposal is accepted, before any work can commence. The remaining quoted fee (if any) is payable on completion of the design and before any drawings and plans we have produced are sent to you or your chosen contractors to begin the works, where applicable.
11.1.2 For phased work as specified in a fee proposal, payment is required prior to the commencement of each phase.
11.2 We reserve the right to issue additional progress invoices and the final invoice at any time, if the Services are delayed through no fault of our own. We also reserve the right to request 100% of the quoted fee up front at our sole discretion for projects under £500 and will specify this in the Proposal or Agreement. For instance, the full fee for a stand-alone consultation (The Parlour) is payable prior to us confirming the consultation date.
11.3 The final invoice will be issued before our design will be provided. After that, our Services will be deemed complete. We may include additional guidance and support for a maximum of 2 weeks after we have issued the final documents and if this is the case, we will set this out our Proposal. If you require further support, this will be chargeable at our standard hourly rate.
11.4 Unless otherwise agreed, our hourly rate is £80.
11.5 All invoices are payable immediately or within 7 calendar days from the date of invoice, to be determined by SW on a case-by-case basis without set-off, withholding or deduction. If you do not make payment to us by the due date, we will reserve the right to stop providing our Services and will charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay us the owed interest together with any overdue amount. This will not apply if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
11.6 We will be working with the client’s budget. On occasion, freight and delivery charges are not known until the end of the lead-time. Prices of furnishings and other products are subject to change. We cannot be held liable for additional or unforeseen costs.
11.7 Delays due to contractors/builders or site delays whilst we are undertaking a project management role cannot be claimed against us.
11.8 Should the works be delayed or postponed for a period of 6 months or more in any one stage, through no fault of our own, we reserve the right to review and amend our fees and will notify you of this.
11.9 We make all reasonable efforts to ensure that any prices for Products or Services shown on our Website are correct at the time of going online. We may change our prices at any time, but this will not affect the prices for confirmed orders. All prices are checked by us before we accept your order/booking. Occasionally, and unintentionally there may occur typographical errors, omissions and/or inaccuracies on the Site. These may relate to Services, packages offered, descriptions of products, pricing, promotions, competitions, offers (temporary or permanent), discounts and sales, delivery fees and times, and Service and Product availability. In the unlikely event that we have shown incorrect pricing information; we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order.
11.10 If the correct price is higher, we will give you the option to purchase the Products/Services at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If we do not receive a response from you within 48 hours, we will treat your order as cancelled and notify you of this in writing.
11.11 SW reserves the right to refuse or cancel any orders made at the incorrect price. If the error in price is obvious, unmistakable and mispricing could have been reasonably recognised by you, we will not be liable to provide the Service to you at the lower, incorrect price.
11.12 If we discover an error in the price or description of the Services on our Website after your order is processed, we will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract and receive a refund if this happens.
12 Variations and Amendments of the Services
12.1 If you wish to vary the Services to be provided or if the brief changes from the Services stipulated in the Proposal or Agreement, you must notify us in writing as soon as possible. We will use all reasonable efforts to make any required changes and will invoice you for any additional costs incurred as a result.
12.2 If, due to circumstances beyond our control (see clause 27), we have to make any change in the arrangements relating to the provision of the Services, we shall notify you immediately. We will endeavour to keep such changes to a minimum and shall seek to offer you arrangements as close to the original as is reasonably possible in the circumstances.
12.3 Any agreed variation or amendment will be carried out in accordance with these Terms and Conditions and any price increase necessitated as a result of an agreed variation or amendment shall be payable in accordance with the terms for payment specified herein.
13 Issues with Services
13.1 In the unlikely event you are not happy with the Services:
13.1.1 please contact us as soon as reasonably possible;
13.1.2 please give us a reasonable opportunity to repair/fix or make good any defects/issues, and we will endeavour to solve the problem within 7 days or agree a suitable time period with you.
13.2 For further information on your rights as a consumer, including your right regarding Services not having been provided with adequate skill and care, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
14 Cancellation of an order with the 14 day ‘Cooling Off Period’ - Consumer Contracts Regulations 2013
14.1 If you are a Consumer in the European Union or United Kingdom, you have a statutory right to a ‘cooling off period’ within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.
14.2 In the case of Services, this period begins once the Contract between you and us is formed and ends at the end of 14 calendar days after that date. If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email.
14.3 If you cancel under clause 14.1, and you have made any payment in advance for services that have not yet been provided to you, we will refund these amounts to you.
14.4 If you cancel an order for services and we have already begun providing the Services by that time, you will be required to pay for the Services we have provided and any costs we have reasonably incurred up to the point at which you inform us of your wish to cancel. This charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by Circumstances Beyond Our Control, please see clause 27), you do not have to make any payment to us.
14.5 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our confirmation of your order.
14.6 If you wish for our Services to start within the cooling off period, you must make an express request for us to do so and this to be agreed in writing. You acknowledge and agree that if you do so, you will lose your right to cancel if our Services are completed within the 14-day cooling off period. In such a case, no refund will be given.
15 Cancellation After Cooling Off Period/for Business Clients
15.1 After the expiry of the cooling off period set out in clause 14 or if you are not a Consumer, you are required to provide us with a minimum of 14 days’ written notice if you wish to cancel the Contract. In the event of cancellation, we will invoice you for the Services provided up to the date of cancellation. Upon receipt of payment, we will hand over all works completed by us up to the date of cancellation in relation to the Contract.
15.2 Cancellation of the Contract for any reason will not affect the rights and liabilities of the Parties already accrued at that time, and any clauses that are stated to continue in force after termination will not be effected. Please see clause 26 – ‘Termination’ for further details of contract termination.
16 Intellectual Property and Copyright
16.1 Any and all copyrightable materials (content) published on the Website (unless specified as owned by other parties, for example by Wix in their Terms of Use, such as themes and specific code etc., or any stock photos such as imagery from Unsplash, which is free to use with a commercial licence), as well as any and all design materials including but not limited to:
16.1.1 trade names and other proprietary identifiers and any derivations thereof, whether or not registered, as well as any headings or names of Services and other Site sections or content;
16.1.2 images and photos of persons, artworks and any other subjects, historical or current;
16.1.3 any and all written content, including but not limited to descriptions, blog posts (essays) and informative text;
16.1.4 Logos;
16.1.5 Videos;
16.1.6 All designs, including but not limited to sketches, mood boards, floor plans, maquettes, drawings, either by hand or computer assisted drawings etc. created by SW are owned and retained by or have been licenced to Studio Wallander with Sara Wallander-Ross as sole owner.
16.2 All of the above material is protected by Intellectual Property Rights, Laws and Treaties. All such rights are reserved.
16.3 Provided payment is made in accordance with the terms of payment in clause 11, we will grant you a non-exclusive, royalty free, revokable licence to use the intellectual property subject of the Contract only for the purposes for which we are engaged by you. The licence will become effective once the final design is provided. You may not sub-licence these intellectual property rights without our prior written permission. Other than the above, we do not grant you any other rights in relation to this material, and all other rights are reserved.
16.4 We reserve the right to take such actions as may be appropriate (legal action, seeking of monetary damages and/or injunction to stop unlawful use included) to restrain or prevent infringement of our intellectual property rights. You could also be ordered to pay our legal costs.
16.5 Any licence granted shall be automatically revoked if you breach any of these terms and conditions or if the Contract is cancelled in accordance with clauses 14 and 15.
16.6 The licence will apply only to the final design and will not extend to any draft concepts, images, designs or other material viewed by you. These cannot be used without our express permission.
16.7 We will issue designs in our standard, non-editable format only. If you require CAD or other information which could be manipulated by others, please inform us in advance. We will only issue these at our sole discretion and subject to the acceptance of our Professional Indemnity insurers, and this will be chargeable.
16.8 You warrant that any document given to us will not cause us to infringe the intellectual property or other legal rights of any third party.
16.9 We reserve the right to use any design created by us and take photographs of the property for our own promotional purposes. Please advise us when accepting our Proposal if you do not agree to this.
16.10 Site content: under no circumstances is any person(s) allowed to download, publish, copy, broadcast, plagiarise (whether it be text or imagery, or the specific brand ‘look’), reproduce (in any form), duplicate, exploit, distort, sell, resell, pass of as their own material, distribute, display, commercially exploit or transmit this material, including on another website or social media for commercial us without express, written permission (licence) from Studio Wallander.
16.11 In the case of any transgressions of these provisions as deemed by us, your right to use our site or access our Services or Products will cease immediately, and you must either return or destroy (as required by us) any copies of the materials (if applicable). Should any copyright laws have been breached by you, we will take legal action as we see fit and as is permitted by law.
16.12 You may however access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app), print pages from the Site; download extracts from pages on the Site; and save pages from our Site for later and/or offline viewing, all solely for personal, non-commercial, lawful use.
16.13 You must always acknowledge SW’s status as the owner and author of the Content on the Site (or that of identified licensors, as appropriate).
16.14 You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of our Site for general information purposes.
17 Modification, Withdrawal or Termination of Site, Service or Content
17.1 We reserve the right, at our discretion, to change, modify, add or remove any or all of these Services or Products at any time without prior notice. Each such change shall be effective immediately upon posting. We also, at our sole discretion, may change, replace, modify, withdraw or terminate, either temporarily or permanently, Services and/or the Site or any parts thereof at any time, with or without notice to you. This includes but is not limited to content, Services offered, Products sold (individual products, type, amount or price), layout, colour scheme, Services names or other names, or brand ‘look’. You agree that we shall at no point and for no reason be liable to you or any third party for any modification or discontinuation of Products, Service or Site in part or in full. SW has no obligation to amend, update or clarify any details presented on the Site, other than as required by Law, and any partial amendment or update does not imply a full and complete amendment of the Site. SW reserves the right to change, add to or remove any information presented on the Site at any time without prior notice. Should the price of a Service or Product be changed, this does not affect the price of already confirmed orders.
18 Transfer of Rights and Obligations
18.1 Should SW be sold or merge with another company, we may transfer (assign) our obligations and rights under these Terms and Conditions, and under the Contract, as applicable, to said third party or any other person. You agree that your rights, obligations, and personal information shall be transferred to such a third-party company. Should this occur, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected, and our obligations under these Terms will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
18.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way, and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
19 Personal Information
19.1 For information on how, why and when we collect, store and disclose your personal information, please see our Privacy Policy. All personal information that we may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (GDPR), the UK Data Protection Act 2018 or any other relevant data protection regulation where applicable.
19.2 If you, at any point, prompted (as in a survey, competition, review or other requests from us) or of your own volition, send us feedback, comments, proposals, ideas (either business related or creative), suggestions or other materials, either by digital means or by post, you consent to our copying, editing, publishing, or otherwise distributing such material, by any means, as we see fit. You agree that you assign all rights, past, present, or future, in relation to such material to SW, and that we are under no obligation to pay for or respond to such material.
19.3 You agree that such material shall not in any way breach these Terms. You agree not to use vulgar, rude, unpleasant, upsetting, unlawful, hurtful or obscene language, nor strive to offend or threaten. Nor shall such material contain offensive subjects or imagery. You agree that any material submitted by you does not breach any rights of SW or any third party, be it personal, intellectual, copyright, privacy or any other rights. We may remove any content we deem unsuitable. We may shorten or edit any material we wish to use. You agree that no material shall contain viruses or other malicious agents. Please see Website Terms of Use: Section 5 ‘Prohibited and Unlawful Uses’ for a full list of prohibited uses.
20 Communication with SW
20.1 Communication with us can take place either by email, post or telephone. You agree that at no point shall you engage in rude, unpleasant, threatening or offensive language, nor shall you make insulting or offensive remarks to or about a representative of SW or about any other individual or groups. Shall we find, in our sole judgement, that a Customer repeatedly engages in such behaviour, we reserve the right to terminate any communication and business related activities with said Customer, including terminating any Contract or Agreement with immediate effect, as well as closing any personal accounts, if applicable.
21 Disclaimer of Warranties
21.1The Site, any Products and Services are provided on an ‘as is’, ‘with all faults’, and ‘as available’ basis without any representation or endorsement made. You agree that the use of the Site is at your own risk and that you fully understand such risks. While SW will reasonably endeavour to verify the accuracy and correctness of any information and details we present on the Site, we make no warranties, whether express or implied, in relation to its accuracy.
21.2 Except as expressly stated in these Terms, and to the fullest extent permissible under applicable law, we disclaim any and all warranties, representation or undertakings of any kind, whether express or implied, in relation to the Services, Site, Products or any transaction that may be conducted on or via the Site, including but not limited to, implied warranties of non-infringement, compatibility with devices, operating systems, browsers, software or tools, security, accuracy, state of completeness, durability, merchantability, fitness for a particular purpose, implied or otherwise. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. This includes any defects arising from:
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normal wear and tear of suggested design items;
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any alteration of designs, restoration, cleaning or repair of suggested Products by you or by a third party;
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your failure to operate, display, hang or use any suggested Products for their intended purpose only;
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willful damage caused by abnormal storage or working conditions, accident, negligence by you or by any third party;
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any specification and/or information provided by you.
This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. You can seek legal advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.
22 Limitation of Liability
22.1 SW will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of SW’s negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. SW will not be responsible for any loss or damage that is not foreseeable.
22.2 If you are not a Consumer, SW will not be responsible to you for any loss of profit, loss of business, interruption to business, loss of any business opportunity or for any other indirect or consequential loss. In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees paid by you for the Services.
22.3 SW will use their own exclusive judgement when deciding upon artistic factors required for the provision of the Services. To the extent permissible by law, SW will not accept liability, and no refunds will be offered, in the unlikely event that you are dissatisfied due to a matter of personal taste.
22.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for:
22.4.1 death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors);
22.4.2 or for fraud or fraudulent misrepresentation.
22.5 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, where applicable.
22.6 We include Public and Products Liability and Professional Indemnity Insurance. Details are available on request.
22.7 We may provide referrals or recommendations to other companies. Please be aware that we may receive commission payments from these companies. However, the decision regarding their suitability rests with you, and we accept no liability for their actions or lack of actions.
22.8 We cannot be held responsible for issues or defects in our Services where we have relied on information provided by you or other companies instructed by you.
22.9 No action or proceedings against us arising out of, or in connection with, our Agreement shall be commenced after the period of 6 months from completion of the Project or of the Services, whichever is the earlier.
22.10 You agree that, to the fullest permissible extent of any Law in each applicable jurisdiction, SW and any to SW connected agents shall be not liable, in contract, pre-contract, tort (including, and without limitation, negligence, breach of contract, or other representations (excluding fraudulent misrepresentations)), for any injury to your person or damage to your property, or, financial losses, including but not limited to, lost income, profits or revenue; lost savings; contracts or business; loss of data; replacement costs of any kind, or any similar losses, (all whether actual or anticipated), loss of goodwill, reputation or other intangible losses, wasted management or office time, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, however arising, resulting from, or occurring in connection with the use or inability to use any or all of the Services or any Products purchased by using the Service, or for any other claim otherwise related to the use of the Service or any Product, or in connection with the provisions of any matter under these Terms. This includes but is not limited to, any errors, mistakes, inaccuracies or omissions in any content (written word or imagery), transmitted, published, or otherwise made available via the Site, even if SW has been advised of their possibility.
23 Exclusions and Limitations
In such jurisdictions, where the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages are disallowed, the liability is limited to the fullest extent of the applicable law.
24 Waiver
24.1 No waiver we present shall in no way represent a waiver of any proceeding or succeeding breach of any provision of these Terms.
24.2 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations.
24.3 Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults of the same or any other provision.
25 Severance
25.1 Each paragraph of these Terms is separate and distinct from each other.
25.2 Should any part or parts of the Terms be deemed unlawful, void or unenforceable, such a portion of the Terms shall be deemed severed from the remainder of the Terms. Such a determination does not affect the validity or enforceability of any other remaining provisions of the Terms, which shall remain in force without exception and in any circumstances.
26 Termination
26.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:
26.1.1 you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or
26.1.2 you break the contract or violate any provision(s) of these Terms in any other material way, and you do not correct or amend the situation within 14 days of us asking you to in writing. This includes working relationships/conditions becoming unacceptable as deemed by SW as specified in clause 20, such as threatening, offensive, rude, sexist, or disrespectful communication, unreasonable requests or behaviour, or other unacceptable behaviour. Such a termination notwithstanding, your liability for amounts due, including any owed interest on amounts outstanding up to and including the date of termination, shall remain.
26.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.
26.3 These Terms and Conditions shall remain in force unless and until a termination is effected by either party. Any obligations, duties, liabilities, and/or financial or legal responsibilities incurred prior to the termination date by either party, shall survive such a termination for all purposes and in all cases. Notifying us in writing that you no longer wish to use our Services constitutes a termination of these Terms by you.
27 Force Majeure/Circumstances Beyond Our Control
27.1 Should SW at any point be delayed or unable to provide the Products or the Services, or fail to perform any of our obligations under these Terms, or the access to the Site is removed or limited due to reasons beyond SW’s reasonable control, including but not limited to illness, epidemic or pandemic, flooding, property damage, damage to technical equipment, failure of private or public telecommunications networks, Wifi and/or internet issues, physical accident, electrical power failures, strikes, civil disturbances and unrest such as revolutions, insurrections, riots, industrial action by third parties, lock-outs, fires, flooding, storms, earthquakes, subsidence, or other natural extreme situations, explosions, acts of God, invasion, terrorism (attacks or threats of attacks) or war (whether declared or not), threat or preparation for war, governmental actions, court orders, tribunals, non-performance of third parties, loss of data, or malicious actions by third or related parties, or any other events of any nature beyond SW’s control, SW shall not be liable to you for any delay, limitation, defaulted goods or Services.
27.2 If any circumstances beyond our control affect the performance of our obligations under these Terms, you will be notified as soon as reasonably possible; and the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the circumstances beyond our control.
27.3 If any delivery date of Products or Presentation Documents or Services is affected by the circumstances beyond our control, we will reschedule the delivery date with you after the circumstances beyond our control are over.
27.4 If circumstances beyond our control occur and you do not wish us to provide the Services and/or Products, you may cancel the contract in accordance with Section 26. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.
28 Entire Agreement
These Terms and any policies or rules presented by SW here regarding the Site or any aspect of the Services and/or Products constitute the entire agreement between SW and the User. These Terms overrule any previous, alternative or contemporaneous versions or any other separate agreements, promises, assurances, warranties, understandings or representations (excluding fraudulent misrepresentations), as well as any agreements or agreement modifications proposed by the User, whether orally or in writing, and govern the User’s use of the Site and the Service.
29 Governing Law
This entire agreement and any other agreements entered into separately, including any non-contractual matters and obligations arising from them shall be governed by, and construed in accordance with the laws of England and Wales, and you submit wholly to the exclusive jurisdiction of the courts of England and Wales. English courts will have jurisdiction on any dispute or claim between you and us that may arise out of this Terms or contract between you and us.
30 Changes to the Terms and Conditions
30.1 We reserve the right, at our discretion, to change, update, modify or terminate any or all of these Terms and Conditions at any time without prior notice. All changes to these Terms and the above shall be posted here and shall be effective immediately upon posting. It is the responsibility of the individual User to keep up to date and inform themselves of any such changes and updates, replacements, and modifications. The current version can be reviewed on www.studiowallander.com/terms-and-conditions. Any new features, tools or facilities on the site shall be subject to these Terms, and your continued use of the Site and its Services or any Services and Products shall constitute your acceptance of such modifications and changes. Please check these Terms for any changes prior to any purchases or agreements regarding the provision of Services. SW shall not be liable to you or any related parties for any of the above-mentioned actions.
30.2 If revised terms apply to your order or any existing provision of Services, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products/Services or just the Products/Services you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges. Should you have had any Services already supplied, you shall be liable for the payment of said Services.
31 Complaints and Feedback
We always welcome feedback from our clients and, whilst we always use all reasonable endeavours to ensure that your experience as a client of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance. We will respond to your complaint within 14 days.
32 Contact
CANCELLATION FORM for Order Cancellation according to Consumer Contracts Regulations 2013
TO: Sara Wallander-Ross trading as Studio Wallander
I / We [*] hereby give notice that I / We [*] cancel my / our contract of sale of the following goods / services [*] Ordered on [*] / received on [*]
Name
Address Signature
Date
[*]
of
consumer(s) consumer(s) consumer(s),
.
