Terms and Conditions
TERMS AND CONDITIONS
Living By Design is a creative advisory business providing styling and decorative services. We provide inspiration, ideas, project guidance,
planning, purchasing advice and services; and project management for interior styling, decoration and furnishing of residential and commercial environments - including private homes, holiday apartments, resorts and offices. Please read the following terms and conditions carefully as it explains how we operate, and if you appoint us it will be deemed that you understand and agree to these terms.
Living By Design provides clients with consultancy advice, professional and trade recommendations, photographic and/or product examples for interior styling and furnishing concepts. However, ultimately we respect that the final choice for any creative direction, product purchase, design or colour scheme; or choice of tradespeople will be the client’s final decision.
HOW DO WE OPERATE?
Brief - After an initial creative meeting, Living By Design will confirm if we are able to assist the client with the brief. We will then provide a summary of the planned scope of work in a letter of appointment, our proposed fees and these terms and conditions. Fees are based upon our styling expertise, the scope of the project, advisory/management needs and the time anticipated to complete the work.
Once appointed we will commence by advising the client on specific needs for the project including the budget, creative approach, products and furnishings, and if required begin sourcing outside suppliers for quotes, products, goods and services (eg. trades/ furnishing / decorative art and products).
EXTERNAL TRADES AND SERVICES
If structural work or specific skills are needed, Living By Design can assist in sourcing appropriate suppliers, tradesmen or services to complete the project. (eg. architects / draftsman / builders / tilers/ cabinet makers / painters / tradespeople etc.). We can liaise with these services on the client’s behalf. However, please note each 3rd Party supplier/ tradesperson will have a direct relationship with the client for billing, insurance and workplace safety purposes.
To the extent agreed with the client will manage the project, and oversee implementation of the creative vision through to completion. Please note that Living By Design is a sole trader, (ABN 47944815475). We operate with a focus on quality creative styling advice, and project management. We reserve the right to decline any project where we are unable to commit appropriate time or creative input, or for any other reason.
The following is our fee structure:
This is an hourly rate of $100.00 for advisory and/or project management services (ie: time spent managing the job); and is applied to each project. This is itemized and invoiced on a fortnightly basis. We will advise clients if consultancy hours appear to be exceeding budget.
Discounts - discounts for furniture (or any related product) sourced by Living By Design will be passed on to you when goods are paid for with a 10% purchasing fee (either hire or buy) for product sourced by Living By Design.
Note: when Living By Design sources products, we arrange for the client to pay the supplier(s) directly - via credit card, cheque or EFT (with
discounts applied). This may include delivery charges.
GST is is included where applicable.
Any miscellaneous costs – (eg couriers, small items) will be itemized and invoiced at the next opportunity.
Payment is by 7 days of invoice, by EFT or Cheque.
Payments made by electronic funds transfer go to the Living By Design account. Please quote the invoice number, and your name, when remitting funds by EFT.
post to : Living By Design PO Box 22/613 Hampton st Brighton Vic 3186
DEVELOPMENT APPROVALS - Where planning approvals are required it is expected that the client will ensure all council, government
department or body corporate approvals etc. will be obtained before any work commences.
In some cases, at the wish of the client, the extent of the work may be increased. In such cases we will discuss the impact of any revised
creative or advisory /management fee estimates for the work required. If the work is to be discontinued Living By Design will invoice all
outstanding fees, including the remaining creative fee based upon the original budget.
Living By Design is not responsible for false representations, faulty goods, or any other losses or failure to complete work as promised by 3rd Party suppliers or sub contractors. However Living By Design will work with clients to resolve any situation to complete the project to the satisfaction of the client.
PRIVACY AND RESPECT
We respect the privacy of our clients. As such, all work will be carried out in confidence. Should the opportunity to photograph or publicize the completed work arise (on our website, or via any other public media) we will first seek the client’s approval. Living By Design will not disclose, sell or trade your personal information to any third party or individuals, other than advise suppliers involved in the purchase and/or delivery of goods or services required for the project.
Terms and Conditions - Property Styling
Terms for Property Styling/Hiring
Acceptance of a quote is required prior to work commencing. To ensure there are no delays please complete and sign the quote and return to Living By Design (LBD).
LBD operates on the following terms and conditions: -
The client (which includes you, any agent representing you and any guarantor) hereby:
Rent from LBD (we or us) for the hire period, which includes all items, articles, accessories and documents supplied with the goods; and accepts the scope of works to be performed by LBD as specified in the quote.
COSTS AND FEES
The client agrees to complete the Service Agreement with 100% of the charge required prior to installation. A minimum of $300.00 delivery fee will be charged for any additional furniture hire changes requested by the client.
PROPERTY ACCESS AND PERSONAL ITEMS
LBD and its employees and subcontractors have access to the clients’ property as agreed. Prior to work commencing the client is advised to remove any valuable or breakable personal belongings from the property. LBD accepts no liability for loss or damage resulting from damage or loss of personal property.
The client is responsible for arranging clear access for delivery and collection of the hired goods. If LBD employees or subcontractors are unable to gain access or access is delayed for whatever reason, the client will pay additional costs incurred for the re- delivery or re-pickup of the goods. These additional costs will be calculated at the rate of $100.00 per hour.
PROTECTION OF OUR GOODS
The client must not alter or modify the hire goods. The client must not remove the hire goods from the property without the written authorisation of LBD
The client must take reasonable steps to protect the hire goods from loss or damage. If any hire goods are lost or damaged, other than fare wear and tear, the will be liable for the full cost of repair or replacement. This includes damage caused by your pets/animals.
USE OF HIRE GOODS
The client agrees only to use the goods in a proper manner and in accordance with any manufacturer’s requirements or guidelines, and not if the goods are damaged or in need or repair. The client agrees to notify us immediately of any damage.
The client agrees to use the hire goods at their own risk. LBD are not liable for any direct of indirect loss arising from the use of the hire goods or any damage or defect in the goods. The client indemnifies LBD against any claims arising from your hire or use of the hire goods.
LBD is required to handle any personal information in accordance with the National Privacy Principles contained in legislation.
HIRE PERIOD EXTENSION
The hire period may be extended by mutual agreement.
LBD must be notified in writing of your intention to extend the hire period within 3 clear working days of your hire period finishing. The cost of the hire for the extension period will be calculated using one (1) of the following two (2) options:
Option 1: -
50% of the original hire charge to extend for a further 4 weeks.
Option 2: -
20% of the original hire charge per week.
If the hire period is extended then the client agrees to pay the agreed amount when invoiced.
TERMINATION AND REPOSESSION
LBD may terminate this agreement if: -
a) The client breeches this agreement.
b) The hire goods are lost or damaged.
c) Any amount is due and unpaid. At termination the client must make the goods available for collection. You must provide us with all reasonable assistance to locate and collect the hire goods. The client grants the agents of LBD the right of entry into premises or any premises where it is believed the hire goods are stored, using such force as is necessary, to repossess the hire goods.
We will not be liable for any damage to property caused by any person in collection the hire goods. If the hire goods are not available for collection at the nominated time, the client will be liable for any additional cost we incur. Hire fees will continue until the goods have been collected by us. Any termination will not prejudice any right to recover any unpaid hire fees.
The client is liable for any expenses, costs or disbursements incurred by us in recovering any outstanding monies including debt collection agency fees and solicitors costs and will be required to pay these costs.