I. TERMS OF SALE
Last updated: 1st Oct 2018
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products & Services (“Product” or “Products”) listed on our website www.englishlisted.com (“our site”) to you.
Please read and understand these Terms of Sale before ordering any Products or Services from our site. These Terms of Sale tell you who we are, how we provide Products to you, how you and we may end our contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site or shop.
Section A of these Terms of Sale details any particular sales promotions that we are currently running. Any purchase made in relation to such sales promotions is governed by both Section A and the general terms of sale set out in Section B so you should carefully review both Sections before ordering Products that are part of a sales promotion. If the Products that you wish to order are not part of a sales promotion, you can ignore Section A.
SECTION A – CURRENT SALES PROMOTIONS
£10 OFF YOUR FIRST ORDER OVER £50
When you sign up to receive englishlisted.com Marketing Newsletter, you will be emailed a voucher code which you can use to redeem £10 off your FIRST order over £50. The offer cannot be used in conjunction with any other voucher codes and only valid on orders over £50. englishlisted.com reserves the right to make any changes or withdraw the offer at any time.
£100 OFF DINING TABLE AND 2 SETS OF CHAIRS
This promotion is available for a limited time only, starting on Monday 6th November 2017 and expiring on Monday 13th November 2017, and excludes any orders made before Monday 6th November 2017. To redeem the offer add dining table and 2 pairs of dining chairs (3 SKUs in total) into your basket and £100 will be deducted at checkout. Offer excludes any dining table and chairs under £80 and products already discounted. Maximum discount can be redeemed per order is £100. englishlisted.com reserves right to update or withdraw the offer at any time
IN TIME FOR CHRISTMAS DELIVERY
In time for Christmas, orders are expected to be delivered to your house by December 24 2017. In time for Christmas applies to mainland UK but does not apply to Channel Islands, Ireland and offshore UK addresses. These delivery dates are guidelines and not guarantees of pre-Christmas delivery. Please note that external factors to englishlisted.com such as poor weather, strikes or disruptions in our supply network may cause delays to your order. Refusal of a delivery date may also result in your order being delayed until after Christmas.
SECTION B – GENERAL TERMS OF SALE
Last updated: 7 August 2018
1. INFORMATION ABOUT US
1.1 englishlisted.com is a website operated by The English Listed Limited (“we”, “our”, “us”). We are registered in the U.K. under company number 09178250. Our registered office is at 17 West Street, St Ives, Cambridgeshire. PE27 5PL. Our VAT number is 279157757.
2. ORDERING PRODUCTS OR SERVICES
2.1 You can place orders for Products & Services with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9.
2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
4. IMAGES AND SIZING OF PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, or in our proposal, except in cases of obvious error.
5.2 The price of any Product or Service may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our Delivery page.
5.4 Due to a large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
6. PAYMENT TERMS
6.1 Design & Planning sales are 50% to commission with 50% plus council fee on completion but before submission.
6.3 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.3 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the Delivery page of our site.
7.2 Please note that we only deliver to addresses in the United Kingdom and Ireland.
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your products are dispatched and delivered within the estimated timescales, unfortunately, we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
7.5 You can review the current status of your order at any time by logging into the My Orders section of your account on our site. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact information below at clause 23.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
RIGHT TO CANCEL
9.2 You have a legal right to change your mind and cancel the product sale contract between you and us within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this clause 9. Please note that the right to change your mind applies equally to any gift vouchers you purchase from us but does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised).
9.3 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
9.4 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 23. You may use the following model cancellation form but you are not required to do so:
9.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
9.6 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 9.10).
9.7 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.9 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
9.10 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
FAULTY OR MIS-DESCRIBED
9.11 If you are returning the Products to us because they are faulty or misdescribed, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in Section B.
9.12 We will refund you through the payment method used by you to pay.
HOW TO RETURN THE PRODUCTS
9.13 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. In this case, this may be done by either:
(a) For most small items and certain, you will need to arrange for the Products to be returned to us at our distribution centre or to our delivery partner at various locations. In this case, the Products must be returned to us without undue delay and in any event no later than 14 days for the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us
(b) For certain mid-sized items and for most furniture items, we can arrange to collect the Products from your address. You will be responsible for the cost of collection.
For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our Return & Refunds page
9.14 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause 9.13. However, in this case, the return or collection will beat no cost to you.
9.15 Please contact Customer Services using the contact information below at clause 23 to arrange a return or collection of the Products.
9.16 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
10.4 Guarantee Claim Process: To make a claim under the Guarantee, you must follow the following procedure:
(a) Notify us in writing of the Defect within 30 days of the date you discover or ought reasonably to have discovered the defect;
(b) Provide us with a copy of the receipt as proof of the original date of purchase;
(c) Return the goods to us following our acceptance of your claim and confirmation of the return logistics. We will revert to you on these points within 30 days of receiving your notification and proof of purchase. Should transportation costs be incurred in connection with the return from an address within the United Kingdom or Ireland, you will not be liable for these costs. You will, however, be liable for the costs of our delivering to you your replacement item. In addition, you will be liable for the costs of returning the goods from addresses outside the United Kingdom and Ireland (if we accept such a return notwithstanding clause 10.2).
10.5 Remedy & Liability
(a) In the event of a Defect that is covered by the terms of the Guarantee as set forth above, we will provide you with a repaired or replacement item within 90 days of receiving your original goods.
(b) Nothing in this clause 10 will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
11. SALES PROMOTIONS
11.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
11.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in Section A of these Terms of Sale.
11.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the Promotion-specific terms set out in Section A shall prevail.
12.1 From time to time, we may run prize draws, competitions or other prize promotions (“Competitions”) on our site.
12.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time on our Competitions page.
12.3 We will make the rules of any Competition we run available to you before you participate in the Competition.
13. GIFT VOUCHERS AND DISCOUNT CODES
13.1 Gift vouchers can only be purchased online through our site.
13.2 You may choose to: (i) have the gift voucher emailed to the recipient on a pre-determined date of your choice; or (ii) print the gift voucher yourself. Should you need to re-send or re-print the gift voucher, this can be done through ‘your account’ on our site.
13.3 Gift vouchers are valid for one year from the date of issue and cannot be extended.
13.4 The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.
13.5 Gift vouchers can be purchased in fixed denominations from £25 to £200.
13.6 Gift vouchers and/or discount codes must not be posted on consumer forums as they will be immediately invalidated. You cannot use your own refer a friend gift voucher to generate rewards. Any instance of this will result in the cancellation of that customer’s rewards.
13.7 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any gift voucher that you have purchased or been given).
13.8 When you use a gift voucher and/or discount code you warrant to us that you are the duly authorised recipient of the gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a gift voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift voucher or discount code (as applicable).
13.9 If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.
13.10 Any order for Products made using a gift voucher or discount code will be governed by these Terms of Sale.
14. YOUR INFORMATION
15. OUR LIABILITY TO YOU
15.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
15.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
15.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
15.4 The maximum loss or damage we will be responsible for under clause 14.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
15.5 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.
15.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
17. RESOLVING DISPUTES
17.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 17 West Street, St Ives, Cambridgeshire. PE27 5PL.
17.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at //ec.europa.eu/odr . You will also always have the option of resolving the dispute using court action.
18. EACH OF THESE TERMS OPERATES INDEPENDENTLY
18.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19. UPDATING THESE TERMS OF SALE
19.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
20. RIGHTS OF THIRD PARTIES
20.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
21. TRANSFER OF OUR RIGHTS
21.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
22. LAW AND JURISDICTION
22.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
22.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
23. CONTACTING YOU
23.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
24. CONTACT US
24.1 If you have any queries about these Terms of Sale, please send us an email at email@example.com or contact us on the phone: 01480 301600 (Mon – Fri: 9 am – 5 pm). We’ll be here to help.
Last updated: 7 August 2018
1. INFORMATION ABOUT US
1.1 www.englishlisted.com is a website operated by The English Listed Limited (we, our, us). We are registered in England under company number 09178250. Our registered office is at 17 West Street, St Ives, Cambridgeshire. PE27 5PL. Our VAT number is 279157757.
2. PURCHASE OF PRODUCTS FROM ENGLISHLISTED.COM
2.1 The purchase of any products through our site is governed by our Terms of Sale.
3. YOUR PERSONAL INFORMATION
4. YOUR ACCOUNT AND PASSWORD
4.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
4.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at firstname.lastname@example.org.
7. USER CONTENT
7.1 You confirm that images, sounds, text or information that you share or create (“User Content”) whilst using Unboxed, sending us feedback or comments on the Products or the site, or posting on social networks regarding the Products will meet the Rules of Acceptable Use (as below).
7.2 You give us unlimited permission to use your User Content and allow others to do the same for no fee. In legal terms this means that you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence and sub-licence the User Content anywhere and in any form for the purposes of operating our site and business.
7.4 We do not generally check or moderate any User Content, including before it is added to Unboxed. We may later check, moderate, reject, refuse or delete any User Content if we believe that it breaks any of the Rules of Acceptable Use.
8. RULES OF ACCEPTABLE USE
8.4 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
9. NOTICE AND TAKEDOWN POLICY
9.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent, or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the reporting tool that appears next to each comment within the site.
9.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
9.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
10. LIMITED LICENCE
10.1 We are the owner or the licensee of all copyright & intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site’s content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site’s content;
(b) reproduction of The English Listed name, logo, trademarks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
10.2 If you wish to make any use of material on our site other than that set out above, please contact: email@example.com.
11. DISCLAIMER AND LIABILITY
11.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
11.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
11.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
11.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
11.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
11.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
12. LINKS AND LINKING
12.1 Links to third-party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control and are not responsible for, these websites, their content or their availability. We, in no way, endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
12.2 You may link to our home page (www.englishlisted.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
15. JURISDICTION AND APPLICABLE LAW
16.1 If you would like to provide feedback on our site, please contact us at firstname.lastname@example.org
The English Listed
Architectural Design and Planning Consultancy
Terms and Conditions of Contract
Company & Contract Acceptance
1.1 The English Listed Building Company Limited trading as The English Listed is a company registered in England under registration number 07582592 and who’s registered office is at 17 West Street, St Ives, Cambridge PE27 5PL and trading address is at 17 West Street, St Ives, Cambs PE27 5PL.
1.2 References within this document to The English Listed as a business include ‘we’, ‘our’ and ‘us’.
1.3 Written acceptance of our quotation via post or electronic mail forms contract between you the client and us which accepts in full the terms and conditions hereby listed which are available on our website and on request during office hours. Our quotes are valid for 30 days.
1.4 The contract is personal to us with all works to be carried out by The English Listed unless otherwise stated or agreed prior to instruction of any third-party company.
1.5 Services listed within ‘Schedule of Fees for outside services’ are works that require third party services such as externally-commissioned surveys. Any fees stated within our quotations are advisory only (unless otherwise specified) and will be confirmed if requested at required procurement time to you the client before instruction to the third party company is made.
2.1 The English Listed shall exercise reasonable skill, care and diligence in commencing and completing services that have been accepted in writing by our clients.
2.2 We shall advise on the progress of a project within reasonable time frames and notify of any issue that may significantly affect the delivery, cost or quality of the project when brought to our attention.
2.3 We shall collaborate with third-party companies as required (and in accordance with 1.5) to obtain information required for the project and pass any documentation obtained onto the client on the settlement of the associated fees.
2.4 With regard to projects requiring local authority approval in the form of planning permission, we will not make material alterations to the approved design without the consent of the client, except in the case of an emergency.
2.5 We have the right to publish photographs of the project and the Client shall offer reasonable access to the project for this purpose for 2 years after practical completion of the construction works.
2.6 We reserve the right to review the quoted costs for services if the client instructs additional works or if the brief described within the initial quotation is deviated from on the basis of reimbursement for additional time expended plus any expenses incurred.
2.7 We reserve the right to charge for further meetings if required during the design process on the basis of reimbursement for additional time expended plus any expenses incurred. Guidance on these fees can be found below (5.7).
3.1 The client shall advise of the requirements sought as a result of the development and any changes required during the design phase.
3.2 The Client will provide, free of charge to us any information in his/her possession or of which is reasonably obtainable any documentation that would benefit the project.
3.3 The client will give written approval of drawings and documentation before their submission to local authorities or third-party companies and give decisions to assist the performance of services.
3.4 The client acknowledges that we will advise to best of our knowledge at the time of delivering services and with the information made available to us as to whether a proposed development requires planning permission based on the General Permitted Development Order 2015 and accepts that The English Listed takes no responsibility for this advice without formal enquiries being made to the local authority.
3.5 It is the clients’ responsibility to make us aware and ensure themselves that any relevant development approvals are in place in line with their deeds or planning conditions on the existing building or land, including but not exhaustive of ‘right of ways’ (shared drives), Developer restrictions, S106 conditions etc.
3.6 The client acknowledges that although we use our best endeavours to prepare a design solution the in our opinion has a good chance of obtaining approval we will not guarantee local authority approval will be granted nor can we guarantee the time scales of an application.
3.7 If subsequent to making a planning application we are instructed by the local authority to make amendments to the design that results in either modified drawings or submission of a new application further design work will be subject to the payment of additional fees that will be calculated based on our hourly rates as specified in 5.7.
3.8 The client acknowledges that The English Listed does not warrant the competence, performance, work, services, products or solvency of any other persons that may be instructed during the project.
5.1 The fees and terms set out within the quotation will be invoiced as specified in the proposal. The English Listed reserve the right to suspend services if payment is not made promptly within 7 days of invoice.
5.2 Deposits required are detailed in our quotations and you will be invoiced on formal acceptance (see 1.3)
5.3 The balance of fees for each phase will be due at the completion of the phase as specified within the proposal. We reserve the right to delay the submission of a planning application until payment has been made.
5.4 We will invoice for third-party involvement of the project and reserve the right to include an appropriate administration fee for the management of this process. The invoice for sub-contracted work of this nature will be at the point of commencement of the work.
5.5 If further design works have been necessary as set out in 2.6 these will be invoiced prior to the planning application submission where possible and at our discretion in all other instances.
5.6 All other disbursements including attendance at additional meetings etc will be invoiced as separate items.
5.7 Any additional meetings, design works or consultations are charged at £75 per hour (inc VAT) in 1/4 hour increments to include travel time plus mileage expenses where applicable @ HMRC rates.
5.8 The quotation is inclusive of VAT where applicable which will be itemized separately and added to each invoice at the current rate in force.
5.9 We understand and will exercise our statuary right to claim interest and compensation for debt recovery costs in accordance with the UK late payment legislation if we are not paid according to our agreed terms of business.
Any legal costs incurred whilst pursuing a debt will also be payable by the debtor
5.10 Printing/Plotting Fees (further to quoted allowance)
A1 – £3
A2 – £3
A3 – £2.50
A4 – £0.50
Plus postage where required
6.1 The English Listed shall own the copyright to all drawings and documentation produced in performing the services and we assert our moral right to be identified as the author of such work.
6.2 On the proviso that all fees are settled the client shall have a license to copy, use and allow other persons providing services to the project to copy and use hard and soft copies (excluding DWG or similar digital files) of all drawings and documentation produced.
6.3 No drawing or document produced by The English maybe submitted to a local authority or any institution with expressed written consent but us.
Liability & Insurance
7.1 The English Listed are committed to offering a high standard of services to our clients however if you are dissatisfied you must register this by letter posted to our offices within 14 days.
7.2 Our maximum liability of any claim shall not exceed our quoted fee sum for the services offered and accepted. This is limited to The English Listed fees only.
7.3 The English Listed Building Company Ltd holds Professional indemnity insurance to the value of £1,000,000-00
Right to Cancel
8.1 Either the client or The English Listed has the right to cancel the contract 10 days before works have commenced at no cost. Once the works have started the deposit is none refundable.
8.2 Should the client wish to cancel once services have commenced they will be invoiced for the time and expenses spend up until the day of cancellation and over the value of the deposit.
8.3 Cancellation must be done by written letter and will terminate the contract on the day we receive the correspondence.