Fixed-price service plans – terms and conditions.
The following terms and conditions will apply if you have selected one of our fixed-price design service plans:
1. Free Trial
1.1 The free trial shall last for a period of 5 days only. After the 5-day free trial, the displayed price for the chosen design service-plan will be charged.
1.2. All customers signing up for the free trial will be required to submit payment card details as part of the process, to allow automatic payment once the free trial period ends.
1.3. Customers not wishing to continue the layout-design service plan once the free trial ends must cancel the layout-design service by sending an emailing firstname.lastname@example.org at least 24 hours before the end of the trial period. The remaining number of trial days will be visible at the top of the ‘project dashboard’.
1.4. Paid services including but not limited to: Interior Design, CAD layout drawings, Lighting Layout, 3D Visualisations, Branding are not eligible to the offer.
1.5. Notice will be sent if the payment fails for any reason. It is the customer’s responsibility to make sure payment details are correct to allow successful payment.
2. Eligibility & Restrictions
2.1. ARDA reserves the right to change the features of the layout-design service plans offer at any time.
2.2. The Layout-design, Interior design and Branding service are limited to two design revisions
2.3. The Layout-design, Interior design and Branding are limited to up to two design alternatives
2.4. ARDA general terms and conditions apply.
2.5. ARDA reviews all orders and reserves the right to deny or cancel layout design services at any time
for any reason.
General Terms and Conditions
How do I know if the assigned retail designer is any good? This section (together with the documents referred to on it) tells you information about us and the terms and conditions on which we supply any services (Services) to you. Please read these terms and conditions carefully and make sure that you understand them before ordering any Services from us.
By ordering Services, you agree to be bound by these terms and conditions and any other documents referred to in them.
You should print a copy of these terms and conditions for future reference.
1. Information About Us
We are The Retail Experts Company number KVK 10661623 registered in The Netherlands, trading under the name “ARDA”. Our main trading address is:
ARDA, The Retail Experts Company, Oudezijds Voorburgwal 228, 3 Floor, 1012 GJ, Amsterdam, The Netherlands
2. Personal Information
2.1 Any personal information you provide to us will be used to: (a) provide the Services; (b) process your payment for the Services, and (c) inform you about similar services or products that we provide, but you may stop receiving these at any time by contacting us.
3. How the Contract is Formed Between You and Us
3.1 Your order constitutes an offer to us to buy Services. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an e-mail that confirms that your order has been accepted (Order Acceptance). The contract between us (Contract) will only be formed when we send you the Order Acceptance.
3.2 The Contract will relate only to those Services in respect of which we have confirmed that your order is accepted in the Order Acceptance.
4. Consumer Cancellation Rights
4.1 This condition (4.1) only applies if you are contracting as a “consumer” and the Contract is a “distance contract” or an “off-premises contract” (in each case as such expressions are defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations)). The Consumer Contracts Regulations require us to provide you with a notice setting out your right to cancel the Contract within 5 calendar days. The notice is set out in the Appendix to these terms and conditions. Please note that if you request us to commence work on the Services during the cancellation period, you will be liable to pay us an amount which is in proportion to the Services supplied in comparison to the overall Services ordered.
4.2 If you are contracting as a “consumer”, you have legal rights in relation to Services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. The Service
5.1 Any dates quoted for providing the Services are approximate only and the time of provision of the Services is not of the essence.
5.2 We shall have no liability for any delay in providing the Services, or failure to provide the Services, to the extent that such failure is caused by an Event Outside Our Control (as defined in condition 12) or your failure to provide us with adequate instructions that are relevant to the supply of the Services.
6. Store Design Services
6.1 Where your order relates to our store design service, the following applies:
(a) The store design service consists of a review by us, followed by the delivery of a report to you setting out one conceptual option for the configuration/re-configuration of the internal and (where agreed in writing) external walls of your property. Any additional advice or work relating to store design or otherwise (including, by way of example only and without limitation, advice on wall colour, furniture, lighting and design tips) is not included within the store design service and is therefore not included within the price for the store design service.
(b) The store design service is, by its nature, subjective and the store design report sets out one option for the configuration/re-configuration of the internal and (where agreed in writing) external walls of your property being an option that we, in our absolute discretion, determine to be suitable.
(c) Our store design service is based on information and/or documentation that you provide to us. We bear no responsibility for any consequence arising as a result of the information and/or documentation that you provide to us (including, without limitation, any floor plans and measurements) being incomplete or inaccurate in any relevant respect.
(d) Any configuration/re-configuration suggested as part of our store design service is conceptual only and we make no guarantee that any suggestions made by us are in fact deliverable. It is your responsibility, in conjunction with appropriate professional advice from third parties, to assess actual deliverability (including (without limitation) in relation to planning permission, permissions from any freeholder, building regulations consents and construction issues).
(e) Any structural work that you conduct must be supervised by a professional structural engineer and comply with building regulations.
6.2 Where your order relates to our store design service, the delivery time shall vary depending on the selected delivery option you choose when you make your order. For all delivery options the following rules will apply:
1. Orders submitted before noon on a business day shall be processed the same day and the delivery time shall be calculated from the day of submission.
2. Orders submitted afternoon on a business day shall be processed on the following working day. The delivery time for such order shall, therefore, be calculated from the day the order was processed.
3. The order submission time is based on the time in the customer’s time zone.
6.3 Upon delivering your order, a time period of 30 days shall commence during which you may request amendments to the work carried out. We shall have no obligation to provide amendments upon requests made outside the above-mentioned period.
7. Price & Payment
7.1 The price payable for the Services (Price) shall be as quoted on our website as at the date of the order.
7.2 The Price is liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
7.3 You shall pay the Price in full and in cleared funds before we have any obligation to provide any Services. Time of payment is of the essence.
8. Intellectual Property Rights
As between us and you, all intellectual property rights in the products of the Services shall be owned by us. We license all such rights to you free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable you to make reasonable use of the Services.
9. Our Liability to a Business
9.1 Subject to condition 9.4, if we fail to comply with the terms of the Contract, our liability to you shall in no circumstances exceed the equivalent of the total charges paid by you to us in the period of 12 months immediately preceding the claim arising.
9.2 Subject to condition 9.4, we will not be liable for losses that result from our failure to comply with the Contract that falls into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time. However, this condition 9.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this condition 9.2.
9.3 Subject to condition 9.4, we are not responsible for loss or damage which arises as a result of, or in connection with, incomplete or inaccurate information and/or documentation having been provided by you to us.
9.4 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 breach of the terms implied by section 2 to 5 of the Supply of Goods and Services Act 1982 (title and quiet possession, description, satisfactory quality, fitness for purpose and samples); (d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.5 This condition 9 does not apply if you are contracting as a consumer. Please see condition 10.
10. Our Liability to a Consumer
10.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they are an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract. Without prejudice to the generality of the foregoing but, subject to condition 10.3, we are not responsible for loss or damage which arises as a result of, or in connection with, incomplete and/or inaccurate information or documentation having been provided by you to us.
10.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 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 breach of the terms implied by sections 2 to 5 of the Supply of Goods and Services Act 1982 (title and quiet possession, description, satisfactory quality, fitness for purpose and samples); (d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 If you are contracting as a business, this condition 10 does not apply. Please see condition 9.
11. Notices & Communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.2 All notices given by you to us must be given to The Retail Experts Company. at email@example.com or at ARDA , Oudezijds Voorburgwal 228, 3 Floor, 1012 GJ, Amsterdam, The Netherlands.We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
12. Events Outside our Control
12.1 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 (Event Outside Our Control).
12.2 An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war whether declared or not) or threat or preparation for war;
(b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government; and
(f) pandemic or epidemic.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
13. Transfer of Rights and Obligations if you are a Business
13.1 The Contract is binding on you and us and on our respective successors and permitted assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13.4 This condition 13 does not apply if you are contracting as a consumer. Please see condition 14.
14. Transfer of Rights and Obligations if you are a Consumer
4.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
14.2 You may only transfer your rights and obligations under this Contract if we agree to this in writing.
14.3 This condition 14 does not apply if you are a business. Please see condition 13.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 11 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
17.1 If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
17.2 If you are contracting as a business: (a) These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract; and (b) Each of us agrees that our only liability in respect of those representations and warranties that are set out in the Contract (whether made innocently or negligently) will be for breach of contract.
17.3 Nothing in this condition limits or excludes any liability for fraud.
18. Law & Jurisdiction
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by Dutch law. Any dispute or claim arising out of or in connection with the Contract or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the Netherlands.
19. Third Party Rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. Appendix Information about your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 Consumer’s right to cancel If you are contracting as a “consumer” and the Contract is a “distance contract” or an “off-premises contract” (in each case as such expressions are defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations)), you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the Contract. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement by email to firstname.lastname@example.org or by post to ARDA, Oudezijds Voorburgwal 228, 3 Floor, 1012 GJ, Amsterdam, The Netherlands. in each case marked FAO: ARDA – The Retail Experts Company. You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, provided that if you requested us to commence work on the Services during the cancellation period, you will be liable to pay us an amount which is in proportion to the Services supplied in comparison to the overall Services ordered. We will make any reimbursement which may be due without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make any reimbursement which may be due using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. Model cancellation form to: The Retail Experts Company. I hereby give notice that I cancel my contract for the supply of the following Services: [INSERT BRIEF DESCRIPTION OF SERVICES]. Name of consumer: [INSERT NAME OF CONSUMER] Address of consumer: [INSERT ADDRESS OF CONSUMER] Signature of consumer: [INSERT SIGNATURE OF CONSUMER] Date: [INSERT DATE OF SIGNING]
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