TERMS AND CONDITIONS

These Terms and Conditions apply to all Services provided by Studio Wallander of Studio A, The Lion Brewery, St Thomas’ Street, Oxford, OX1 1JG.
For the purposes of these Terms and conditions and of the Data Protection Act 1998 (the Act), the data controller is Studio Wallander. The data processor is Wix.com. www.studiowallander.com is owned and operated by Sara Wallander-Ross (sole trader) trading as Studio Wallander. 

1     Definitions 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 to be provided by SW to the individual user as detailed in our Proposal, such as interior design services, including virtual design (E-design) . ‘Consumer’ is 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 or an email confirmation.
1.2    Each reference in these Terms and Conditions to:
1.2.1  ‘writing’ and ‘written’ includes emails; 
1.2.2  a 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’ is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4 a clause/section  is a reference to a clause or section of these Terms and Conditions;
1.2.5 and 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 or otherwise interacting with The Site, or otherwise interacting with SW via any means, you are accepting and consenting to the practices described in these Terms, together with any additional terms presented on this 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 or 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, 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 this 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, 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, we will provide you with a Proposal for the Services and/or Products you have requested.  This will be based on the brief given by you at this initial consultation (or as received in our welcome questionnaire).  All details of the project or any relevant information must be given to us fully and to the best of your knowledge.  
4.3    A legally binding Contract between you and us will be created when you accept our Proposal. Before accepting our Proposal, 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 us at the time we prepare it.  If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to the price.
4.5    You may be able to purchase Products directly from our Website. Your order submission is a contractual offer to buy goods from SW, which we may, at our sole discretion, accept. The completion of check out and clicking the ‘buy now’ button is an acknowledgement on your behalf that you are committed and obliged to pay for the goods. The receipt of the order by SW, or any order communication by SW does not constitute an acceptance of said order, nor does it place SW under obligation to fulfil the order. The contract between SW and the User is only formed on dispatch of the goods in question. This entitles the User (as long as the User is a consumer) the right to cancel the order before dispatch. Please see clause 14 for further details.  
4.6    For electronic, downloadable products, the Contract is formed by us sending you an email that confirms that the order has been successfully processed (‘the Order Confirmation’).  The Contract between us will only be formed when we send you the Order Confirmation. Please see clause 13 on Consumer Rights Act 2015 and the waiver of the 14 day ‘cooling off period’ for downloadable products.
4.7    SW reserves the right to refuse any order placed for any reason, without explanation.
4.8    If there is any conflict between these Terms and the terms of the order, the terms of the order shall prevail. 

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 this site, 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, 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 (such as currency conversion commissions) made not in Pound Sterling 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    You agree that you will only purchase items you are lawfully allowed to import to your country of residence (if resident outside the UK and if international delivery is offered). Not at any point and for no reason shall SW be considered responsible or liable in any way for any personal, legal or financial repercussions borne out by any items being imported by you against the laws and regulations of your country or region of residence. 
6.3    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. 
6.4    Please be aware that physical goods may be inspected at arrival by the relevant customs authorities and that SW cannot be held responsible for, nor is able to guarantee, that the packaging will not have been subject to tampering or other interference since leaving SW. 

7    Discount Codes
New 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
8.1    We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice.  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 measurements (if measuring is not part of the agreed Service), any relevant, known issues of the property in question 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 you.
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 you.
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 27 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 11.6.
8.6    If we supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such 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 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, 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. Any such sketches remain the Intellectual Property of SW. At no point and for no reason is the publication (e.g. on social media) of such material, including any finished Proposals/Presentations/Mood Boards 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  in providing these.
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    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.
8.14    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.   
8.15    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. We reserve the right to charge for any costs incurred by us by such changes.
8.16    Any virtual or face to face consultations are payable in advance. No date is confirmed until payment has been received. 
8.17    Any timescales we provide are for guidance only and are not of the essence of the Contract.

9    E-Design Services (Virtual Design)  N.B these clauses exist in addition to relevant clauses stated in Section 8
9.1    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.
9.2    You are responsible for confirming the accuracy and completeness of any information that is provided.
9.3    Floor plan measurements and 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.
9.4    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.  Colours, sizes and other details may not be exact.
9.5    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.
9.6    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.
9.7    Product sourcing is limited to certain countries.
9.8    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. 
9.9    One design revision are 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 website.
9.10    We cannot guarantee the prices or long-term availability of merchandise listed in any product shopping list. This includes antiques, art, and any other products.
9.11    We cannot be held responsible for arranging repairs, replacement or freight claims for purchases made in conjunction with recommendations for your e-design project.
9.12    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     Products and Delivery (if applicable)
10.1    The availability of physical goods is not guaranteed. If the goods are unavailable, or a change or cancellation for whatever reason is made to an order by SW, we will notify you. We shall offer suitable alternatives or replacements, if available, at which point you may accept the alternative which might include a price adjustment, or cancel all or some of the order.
10.2    If you have already paid for the products and we are unable to supply you with a Product because it is not in stock or no longer available, or because we cannot meet your requested delivery date or because of an error in the price on our Site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible. 
10.3    We make all reasonable efforts to ensure that all descriptions and illustrations of Products available from us correspond to the actual Products that you will receive.  Please note, however, that images shown on our Website or in our marketing literature are for illustrative purposes only.  There may be slight variations between the image of an item and the actual Product sold due to differences in computer displays and lighting conditions.
10.4    Please note that clause 10.2 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor discrepancies.
10.5    In the case of items being labelled as ‘vintage’,  they are not new, nor does SW at any point or in any communication make representation of such a status. Vintage artwork and any other items are sold ‘as is’ and SW does not undertake deep cleaning, repair or restoration of the items. Paintings and other items may have damage such as chips, dings, scrapes, colour loss and/or cuts synonymous with having had many previous owners. All such historical damage will be represented clearly via photography and described to the best of our ability. SW does however not warrant that any description will be accurate as to your expectation or perception of the item.  Please refer to clause 13 if the Products are incorrect.
10.6    All Products purchased through our Website will normally be delivered within 30 calendar days of the date of our Dispatch  Confirmation unless otherwise agreed (subject to events outside of our control).
10.7    In the unlikely event that we fail to deliver the Products within 30 calendar days of our Dispatch Confirmation (except as detailed in clause 10.6), you may cancel your order immediately if we have refused to deliver your Products or if you told us when ordering the Products that delivery within that time period was essential.
10.8    If you do not wish to cancel under clause 10.6 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If we fail to meet the new deadline, you may then cancel your order.
10.9    Delivery shall be deemed complete once we have delivered the Products to the address provided in your order; we deliver the Products to you directly; or a carrier organised by you to collect the Products from us does so. 
10.10    If we are unable to deliver the Products on the delivery date (if, for example, no one is available at your address to receive the Products), the Products will either be re-delivered according to the policies of the carrier, or we will leave a note informing you that the Products have been returned to our premises, requesting that you contact us to arrange re-delivery.  The re-delivery will be chargeable.
10.11    The risk in the Products shall remain with us until they come into your physical possession. Please see clause 10.9.
10.12    Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.13    If your order is for an e-Product, such as a course or e-book, the paid content will be made available to you immediately when we send you our Order Confirmation and will continue to be available until you end the Contract.
10.14    Where any updates are made to paid content, it will continue to match our description of it as provided to you before you purchased the paid content.  Please note that this does not prevent us from enhancing the paid content, and so going beyond the original description.
10.15    When you place an order for an e-Product, you will be required to expressly acknowledge that you wish the paid content to be made available to you immediately.  You will also be required to expressly acknowledge that by accessing (e.g. streaming) the paid content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).
10.16    In some limited circumstances, we may need to suspend the provision of paid content (in full or in part) to fix technical problems, make necessary minor technical changes or update the paid content to comply with relevant changes in the law or other regulatory requirements.
10.17    If we need to suspend availability of the paid content for any of the reasons set out in clause 10.16, we will inform you in advance of the suspension and explain why it is necessary (unless we need to suspend availability for urgent or emergency reasons such as a dangerous problem with the paid content, in which case we will inform you as soon as reasonably possible after suspension).  If this occurs, your access to the paid content will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 5 days).  The suspension will not last for more than 14 days. 
10.18    We may suspend provision of the paid content if we do not receive payment on time from you.  We will inform you of the non-payment on the due date, however, if you do not make payment within 48 hours of our notice, we may suspend provision of the paid content until we have received all outstanding sums due from you.  If we do suspend provision of the paid content, we will inform you of the suspension.

11     Price and Payment for Services and Products (if applicable)
11.1    Our standard payment terms for projects over £500 are as follows:
11.1.1    The full fee for a stand-alone consultation (The Parlour) is payable before the consultation date. 60% of the quoted fee is payable as a deposit once our Proposal for concept design (The Drawing Room) is accepted.  We will be unable to commence the works until this deposit has been paid in full;   for other work, 50% of the quoted fee is payable as a deposit once our Proposal is accepted.  We will be unable to commence any works until this deposit has been paid in full;  
11.1.2    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.
11.2    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.
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 advice 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 £90.  
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.
11.6    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. 
11.7    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.
11.8    We make all reasonable efforts to ensure that any prices for Products 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. 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 (see below), 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. 
11.9    If the correct price is higher, we will give you the option to purchase the Products 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.
11.10    SW reserves the right to refuse or cancel any orders made at the incorrect price. If the error in price is obvious, unmistakeable and mispricing could have been reasonably recognised by you, we will not be liable to provide the Products to you at the lower, incorrect price.
11.11    If we discover an error in the price or description of the Products 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.
11.12    Delivery cost is not included in the price specified for a Product. It will be added to the due amount. 
11.13    All orders placed via our Website must always be paid for in advance and will be taken as we process your order and send you an Order Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).  All payments have to be made using our chosen payment gateway provider.  Payments will go through this payment gateway provider’s website.  No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and the payment gateway provider and we cannot be held responsible for their actions or lack of actions.  

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, 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 herein.

13     Problems with Products or Services
13.1    According to The Consumer Rights Act 2015, Products provided must be of satisfactory quality, fit for purpose and as described.  If any Products you have purchased do not comply, please contact us as soon as reasonably possible to inform us of the problem.
13.2    In the case of physical Products ordered:
13.2.1    Beginning on the day that you receive the Products, you have a 30 calendar day right to reject the Products and to receive a full refund or replacement  if they do not conform as stated above; 
13.2.2     If the packaging is damaged on delivery, please contact us within 48 hours of delivery so we can investigate the issue with the delivery company;
13.2.3     To return Products to us for any reason under this clause 13, please contact us to arrange for a return. You will need to return the Products together with the original packaging where possible.  If you no longer have the original packaging, please ensure you have well protected the Products;
13.2.4     On receipt of the returned Products, if we prove them to be faulty, damaged or incorrect, we will provide you with a replacement within a reasonable time and will reimburse you for the postage costs in returning them to us;
13.2.5    In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund, including any delivery costs paid by you when the Products were originally purchased;
13.2.6     If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we carry out the replacement and will resume on the day that you receive the replacement Products;
13.2.7     Please note that you will not be eligible to claim under this clause 13 if we informed you of the fault(s), damage or other problems with the Products before you purchased them. This is includes potential prior noted defect etc described by SW and present at the time of purchase (and it is because of the same issue that you now wish to return them); you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or the problem is the result of normal wear and tear, misuse or intentional or careless damage.
13.2.8     Please also note that you may not return Products to us under this clause 13 merely because you have changed your mind.  If you are a consumer in  the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Products for this reason.  Please refer to clause 14 for more details.
13.3          In the case of e-Products ordered: 
13.3.1     If the paid content has faults, you will be entitled to a repair or a replacement;
13.3.2     If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund;
13.3.3     Please note that we will not be liable if we informed you of the fault(s) or other problems with particular paid content before you accessed it and it is that same issue that has now caused the problem (for example, if the paid content in question is an alpha or beta version and we warned you that it may contain faults); if you have purchased the paid content for an unsuitable purpose that is neither obvious nor made known to us and the problem resulted from your use of the paid content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
13.4    Refunds under this clause 13 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund, using the same payment method that you used when purchasing the Products, unless you specifically request that we make a refund using a different method.
13.5    In the unlikely event you are not happy with the Services:
13.5.1    please contact us as soon as reasonably possible
13.5.2     please give us a reasonable opportunity to repair/fix or make good any defects/issues, and
13.5.3     We will endeavour to solve the problem within 7 days or agree a suitable time period with you.
13.6    For further information on your rights as a consumer, including your right regarding Services not having been provided with the 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 started providing the services by that time, you will pay us any costs that we have incurred in providing part of the services, and 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), 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.  If we have begun providing our Services, 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.  
14.7    In the case of physical Products:
14.7.1  the period begins once we have sent you your Dispatch Confirmation (i.e. when the Contract between you and us is formed) and if the Products are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Products.  If the Products are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Products;
14.7.2    Please ensure that you return Products to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this clause 14.
14.7.3     If the product has been delivered to you prior to your decision to cancel the contract, you must return it to us without undue delay and in any event no later than 14 days after the day on which you let us know that you wish to cancel the contract. If we have offered to collect the Products from you, we will collect the Products from the address to which they were delivered.
14.7.4     You may return Products to us by post or another suitable delivery service of your choice to our returns address provided with the Products.  Please note that you must bear the costs of returning Products to us if cancelling under this clause 14. If the Product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, you will be charged with the direct cost to us of collection. You should obtain and keep safe a receipt of what was sent and when you sent the item. 
14.7.5     If the shipping used was not standard or the least expensive, the additional cost of the more expensive shipping will not be included in the refund. 
14.7.6    Refunds under this clause will be issued to you within 14 calendar days from the day on which we receive the Products back; or the day on which you inform us (supplying evidence) that you have sent the Products back; or if we have not yet dispatched the Products, the day on which you inform us that you wish to cancel the Contract;
14.7.7   Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them.  Excessive handling means any more handling than is reasonably required to ascertain the nature and characteristics of the Products in question (e.g. no more than would be permitted in a shop).  Please note that if we issue a refund before we have received the Products and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Products have been handled in a way that would otherwise entitle us to reduce your refund.
14.7.8  Refunds will be made to the original method of payment, e.g. credit or debit card. 
14.8    In the case of e-Products:
14.8.1    the period begins once we have sent you your Order Confirmation (i.e. when the Contract between you and us is formed) and ends when you access (e.g. download or stream) the paid content, or 14 calendar days after the date of our Order Confirmation, whichever occurs first;
14.8.2    After the cooling-off period, you may cancel your access to the paid content at any time, however, we cannot offer any refunds and you will  continue to have access to the paid content up until the renewal or expiry date, as applicable, when the Contract will end;
14.8.3    If you purchase e-Products by mistake, please inform us as soon as possible and do not attempt to access any paid content.  Provided you have not accessed any paid content, we will be able to cancel the Contract and issue a full refund.  If you have accessed any paid content, we  will not be able to offer any refund and you will continue to have access to the paid content up until the renewal or expiry date, as applicable.
14.9    If you wish to exercise your right to cancel under this clause 14, you may inform us of your cancellation in any way you wish.  You may use our Model
Cancellation Form (please see the bottom of this document), but you do not have to.  To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired.  If you do so, we will refund any sums paid to us under the Contract within 14 days, using the same method you used to make payment, unless you request otherwise.

15    Cancellation After the Cooling Off Period and 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    Either Party may cancel the Contract immediately if the other:
5.2.1  has committed a material breach of this Contract, unless the breach is capable of remedy, in which case this right to terminate will be exercisable if the other Party has failed to remedy the breach within 14 days after a written notice to do so; or
15.2.2      goes into bankruptcy or liquidation, either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
15.3    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.
15.4     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.
15.5    Delays due to contractors/builders or site delays whilst we are undertaking a project management role cannot be claimed against us.   

16    Intellectual Property and Copyright
16.1    Any and all copyrightable materials (content) published on this website (unless specified as owned 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 designs including:
16.1.1    trade names and other proprietary identifiers and any derivations thereof, whether or not registered
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 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 etc created by SW
                 are owned and retained by or has 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 the 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 10, 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 (typically at the remaining fee for the total project phase).
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    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 license 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, whether by business users or consumers. 
17    Modification, Withdrawal or Termination  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 Product prices 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 or amount), layout, colour scheme, or brand ‘look’. You agree that we shall at no point and for no reason be liable to you or 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 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 (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016 (“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. 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 or privacy 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 prohibited uses. 
20    Communication with SW
Communication with us can take place either by email, post or telephone. You agree that at no point shall you engage in rude, unpleasant 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 closing any personal accounts, if applicable. ​