Terms of service

Hometastic.Solutions

Terms and Conditions

1.     Definitions

"Hometastic" refers to Hometastic.Solutions Ltd, registered in England and Wales with company number 15899569.

"Client" refers to the individual or entity contracting Hometastic for interior design services.

"Contract" refers to the agreement between Hometastic and the Client for the provision of services, formed by the acceptance of these Terms and Conditions.

"Goods" refers to the furniture, furnishings, and other items sourced and supplied by Hometastic to the Client as part of the Services.

"Website" refers to the website operated by Hometastic, accessible at [Your Website Address].

2.     Services

Hometastic operates as an interior designer and/or an agent between the client and suppliers. Our services include:

a)     Package creation and design consultation.

b)    Selection of interior design items.

c)     Purchasing items on behalf of the client.

d)    Delivery and assembly of those items.

Please note that our services do not include the manufacturing or production of any items.

3.     Consumer Rights

3.1. Consumer Rights Act 2015: Where the Client is a consumer (an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession), the following applies:

a)     Hometastic will perform Services with reasonable care and skill.

b)    Goods supplied will be of satisfactory quality, fit for purpose, and as described.

c)     Nothing in these Terms and Conditions will affect the Client's statutory rights under the Consumer Rights Act 2015, including the right to a refund for faulty goods, a repeat performance, or a price reduction.

3.2. Business-to-Business Transactions: Where the Client is acting for purposes relating to their trade, business, craft, or profession, the implied terms of satisfactory quality, fitness for purpose, and conformity to description apply, except that Hometastic’s liability for any breach of the implied condition of satisfactory quality shall be limited to the replacement or repair of the defective goods. Any such exclusions or limitations shall be in accordance with the Sale of Goods Act 1979 (as amended).

4.     Guarantees and Warranties

Any guarantees or warranties on purchased items are provided by the original manufacturer or supplier, not by Hometastic.

5.     Damaged Goods

Damaged goods will be replaced if the original supplier has them available. We will handle the replacement process on your behalf, coordinating with the supplier to ensure a smooth resolution.

6.     Returns

6.1. To be eligible for a return, items must be in their original packaging and in unused condition.

6.2. After project completion and "sign-off" (as described below), returns and replacements may be subject to additional fees (see Section 7).

7.     Project Sign-Off and Post-Completion Returns

7.1. Upon completion of the project, we will provide a "sign-off form" for your review and signature.

7.2.We encourage you to carefully inspect all delivered items and services before signing the form.

7.3.Your signature on the form indicates your satisfaction with the services rendered and the goods provided.

7.4. Post-Sign Off Returns: If you wish to return or replace items after signing the "sign-off form," the following conditions apply:

a)     You are responsible for the cost of return shipping.

b)    You have two options for returning items:

                        i.         Self-Delivery: Deliver the item(s) to the supplier's warehouse (the address will be provided).

                      ii.         Hometastic Return Service: Utilize our return service for a fee based on the size and value of the item:

·      Small items (up to 2 kilos and £40 value): Return by post at your own expense.

·      Items up to 10 kg and £200 value: £50 return service fee.

·      Items over 10 kg and £200 value: Fees vary (up to £290) and will be confirmed after investigation and communication with our customer service team.

8.     Payment

Full payment of the invoice is required before the commencement of any services.

9.     Delivery and Assembly

9.1. Delivery and assembly of your order typically occur within 2-3 weeks of full payment.

9.2. We will confirm the estimated delivery timeframe on a case-by-case basis.

9.3. Delivery and assembly costs are separate from the cost of goods and are subject to the following fees:

                        i.         Packages up to £5,000: £290

                      ii.         Packages between £5,001 and £12,000: £590

                     iii.         Larger packages: Cost will be discussed individually based on the size and complexity of the delivery.

9.4. Delivery and Assembly Commitment

We are committed to delivering and assembling the packages within one day. However, in the event that an unpacked item is found to be faulty or damaged and requires a substitute, we may need an additional day to complete our services. We will communicate any such delays promptly and work to resolve the issue as efficiently as possible.

 

10.  Conditions for Delivery and Assembly

To ensure a smooth delivery and assembly process, the following conditions must be met:

      i.         Property Access: The property must be finished, free from ongoing renovations, and easily accessible.

    ii.         Clearance: All building materials, tools, debris, and old furniture must be removed from the property.

   iii.         Utilities: Electricity, water, and sewage systems must be operational.

   iv.         Access Route: A clear access route from the street or communal areas to the property must be provided.

     v.         Parking Permits: If required, the client is responsible for organizing and providing any necessary parking permits or vehicle passes at least 2 days before the scheduled delivery.

Failure to meet these conditions may result in the cancellation or rescheduling of the delivery and assembly, and the delivery and assembly fee will still be charged.

11.  Product Substitutions

If any items in your chosen package or bundle are out of stock, we will provide suitable substitutes and confirm these substitutions with you. Substitutions may result in a slightly different overall look and potentially a different price for the package.

12.  Marketing Consent

The "sign-off form" includes a clause granting Hometastic consent to use photo and video content of your completed project for marketing purposes. By opting in, you grant us the right to use this content on social media and other marketing channels to promote our services.

13.  Limitation of Liability

13.1.               Indirect Loss: Hometastic will not be liable for any indirect, consequential, or special losses or damages suffered by the Client, including loss of profits, loss of business, or loss of data, even if foreseeable.

13.2.               Exclusion of Liability: To the fullest extent permitted by law, Hometastic excludes all liability for any loss or damage arising from:

      i.         Defects in the Goods caused by the manufacturer or supplier.

    ii.         Delays or failures in delivery or assembly caused by circumstances outside Hometastic's reasonable control (force majeure).

   iii.         The Client's failure to comply with these Terms and Conditions, including the conditions for delivery and assembly.

13.3.               Cap on Liability: Hometastic's total liability to the Client for any loss or damage arising under or in connection with this Contract shall be limited to the total value of the Services provided under the Contract.

14.  Intellectual Property

14.1.               All intellectual property rights in any designs, plans, or other materials created by Hometastic in connection with the Services shall remain the property of Hometastic.

14.2.               The Client grants Hometastic a non-exclusive, royalty-free license to use any photographs or videos of the completed project for marketing purposes, subject to the Client's consent as indicated on the "sign-off form."

15.  Termination

15.1.               Hometastic may terminate the Contract immediately by written notice to the Client if:

      i.         The Client fails to pay any invoice within 5 days of the due date.

    ii.         The Client breaches any other material term of these Terms and Conditions and fails to remedy the breach within 5 days of written notice from Hometastic.

   iii.         The Client becomes insolvent or enters into liquidation.

15.2.               The Client may terminate the Contract by giving 14 days' written notice to Hometastic, subject to the payment of any cancellation fees as specified in the Contract.

16.  Force Majeure

Hometastic shall not be liable for any delay or failure to perform its obligations under the Contract due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, lockouts, or governmental regulations.

17.  Data Protection

17.1.               Hometastic is committed to protecting the privacy and security of your personal data.

17.2.               We collect and process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. 

17.3.               Our Privacy Policy, available on our Website, provides detailed information about how we collect, use, and protect your personal data.

18.  Cancellation Policy

18.1.               Client Cancellation

                        i.         Cooling-off Period (Consumers Only): If you are a consumer (an individual acting for purposes wholly or mainly outside of your trade, business, craft, or profession) and you entered into this Contract at a distance (e.g., online or over the phone), you have the right to cancel this Contract within 14 days of the day after you receive the Goods or the day the Contract is concluded, whichever is later. This is known as the "cooling-off period."

a)     To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (e.g., a letter sent by post or an email).

b)    If you cancel within the cooling-off period, you will receive a full refund of any payments made. You must return the Goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this Contract. You will have to bear the direct cost of returning the Goods. 

                      ii.         Notice Period (After Cooling-Off Period): To cancel an order or service after the cooling-off period has expired, you must provide Hometastic with written notice of cancellation. The required notice period and any applicable cancellation fees depend on the stage of the project:

·      Before Order Placement: If you cancel before placing an order for Goods, no cancellation fee applies.

·      After Order Placement but Before Delivery: If you cancel after placing an order but before the Goods have been delivered, a cancellation fee of 10% of the total order value will be payable.

·      After Delivery: If you cancel after the Goods have been delivered, you will be responsible for the full cost of the Goods, plus any applicable delivery and assembly fees. Returns may be possible in accordance with Section 7 (Project Sign-Off and Post-Completion Returns) of these Terms and Conditions.

                     iii.         Cancellation Fees: Cancellation fees are intended to cover costs incurred by Hometastic in connection with the order, such as sourcing, procurement, and processing.

                     iv.         Refunds: Refunds for cancelled orders will be processed within 14 days of receipt of the written cancellation notice, subject to the deduction of any applicable cancellation fees.

18.2.               Hometastic Cancellation

      i.         Hometastic's Right to Cancel: Hometastic reserves the right to cancel an order or service in the following circumstances:

·      The Goods are unavailable or out of stock, and no suitable substitutes can be found.

·      The Client fails to make payment in accordance with these Terms and Conditions.

·      The Client breaches any other material term of these Terms and Conditions and fails to remedy the breach within a reasonable time.

·      Events outside of Hometastic's reasonable control (force majeure) prevent Hometastic from fulfilling the order.

    ii.         Notice of Cancellation: If Hometastic cancels an order, the Client will be notified in writing as soon as reasonably practicable.

   iii.         Refunds: If Hometastic cancels an order, a full refund will be provided to the Client for any payments made in respect of the cancelled order.

18.3.               Exceptions

      i.         Bespoke or Made-to-Order Items: Cancellation rights may be limited or excluded for bespoke or made-to-order items, as these items are specifically manufactured or customized for the Client. This will be clearly communicated to the Client at the time of order placement.

    ii.         Services Already Performed: The cooling-off period does not apply to services that have already been fully performed.

19.  Dispute Resolution

19.1.               Any dispute arising out of or in connection with this Contract shall be referred to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.

19.2.               If the parties are unable to resolve the dispute through mediation within 30 days, either party may commence legal proceedings.

20.  Entire Agreement

These Terms and Conditions constitute the entire agreement between Hometastic and the Client in relation to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written. 

21.  Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect. 

22.  Amendments

Hometastic reserves the right to amend these Terms and Conditions at any time by posting the revised version on our Website. The amended Terms and Conditions will take effect 28 days after they are posted on the Website. Your continued use of our Services after the effective date of the amendments constitutes your acceptance of the amended Terms and Conditions. 

23.  Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.