TERMS AND CONDITIONS
We will provide our Services to you on the terms and provisions set out in these Terms. If you do not agree with these Terms, you should not use our Services.
Any illustrations, descriptive matter or advertising issued by us, and any descriptions or graphics contained in dwipbox promotional material (including, among others things, any Website), are issued or published for the sole purpose of giving an approximate idea of the Services and Services described in them. They will not form part of these Terms or have any contractual force.
The terms of these Terms apply to the exclusion of any other terms that the Parties seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
REGISTRATION AND PAYMENT
Registration with dwipbox is free, subject to satisfactory verification of your email account.
We may in our discretion provide an interactive dashboard within the Website which will allow you to create or modify your preferences and display your order history. There may also be access to an online support in whatever form we decide in our discretion.
The Website will display information on our Services, including the types of service available, our availability, pricing, and geographic scope and other relevant details. Prices are in pounds sterling and can be varied at any time without notice.
To order, select one or more of the e-design packages depending on your budget and requirements, enter your personal information when prompted, and then pay. You may also select optional extra services on offer from time-to-time, though some or all of these may be subject to geographical restrictions. dwipbox reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from Clients and others, and for holding funds in escrow, where appropriate.
We may from time-to-time post on our website specifications and requirements for which the standard charging structure for our e-design service is not available. For space which measures over 4M x 4M or has a large open place space, or multi-functional space, additional charges will apply. We may, in our discretion, allow you to upgrade your e-design package from time-to-time in consideration of an additional Client Payment.
There is no obligation on us to accept a request for Services, at any time or at all.
We take full payment up front and will only start work on your Virtual Design Plan once Payment and all Client Information have been received.
All sums payable to dwipbox under these Terms are exclusive of amounts in respect of value added tax (VAT) chargeable for the time being at the current rate from time-to-time in force.
Penalty interest on late payments shall apply at a rate of eight percent (8%) above the base lending rate of the Bank of England from time-to-time.
You will pay all amounts due to dwipbox under these Terms in full without any deduction or withholding and you will not be entitled to assert any credit, set-off or counterclaim against dwipbox in order to justify withholding payment of any such amount in whole or in part.
We occasionally make available promotional discounts for e-design packages but these will not be applied retroactively to purchases that have already been made. Furthermore, these are personalised promotions and therefore only for the Client in receipt of the promotion.
THE ONLINE DESIGN SERVICE
Once an e-design package has been selected, we will contact you to request the Client Information, which you should provide to us by e-mail or via our Website. This is your opportunity to set out, in detail, the Services required. Details we may require include (among other things) the location and size of the relevant rooms or spaces, the number and type of rooms of which the interiors are to be designed or re-designed, the style and type(s) of decorating and other aesthetic features required.
You warrant and confirm that the Client Information you disclose to us will be sufficient, accurate and complete in every respect.
Based on the Client Information received, and the online virtual consultation rendered, we then will curate a Virtual Design Plan, which is a tailored digital design for that specific room or space. You acknowledge and agree that any Virtual Design Plan we produce for you is intended for illustrative purposes only and is not intended to provide an exact specification for an interior design project nor to guarantee specific results, nor will it necessarily comply with any relevant construction laws, regulations or guidance, whether statutory or non-statutory.
Where the option of ‘revision’ is included in a package, this consists of a change of up to five (5) eligible items or features originally chosen by the designer. On receipt of your revision requests, we reserve the right to request payment of additional fees before continuing further work where we are reasonably of the view that your request(s) will involve a substantial material revision to the Virtual Design Plan.
Each package offers ‘design time’ with an allocated e-designer, during which period the e-designer is available by allotted virtual online consultation, email support and guidance or additional phone support as outlined in the respective packages. For the abundance of clarity, ‘design time’ does not include further substantial design work.
We will offer a helpline and will also be contactable by e-mail. Response times will be forty-eight (48) hours GMT from the date and time of contact, or forty-eight (48) hours from the next Business Day, whichever is the later.
For clarity, where a package includes 2D rendered elevations of e-designs, ‘revision’ eligibility does not include additional 2D rendered elevations. Any such requests will be treated as substantial material revisions to the Virtual Design Plan and a quotation for additional fees will be provided to you.
Our Virtual Design Plan may specify other third party products and services that we reasonably believe may assist in implementing your design needs. We make these recommendations in good faith, but without offering or implying any warranty as to the fitness of the goods or services provided, a matter on which you should use your own due diligence;
We will not be liable for any losses or damages or other adverse financial consequences arising from a breach or failure on the party of a third party contractor.
You acknowledge and agree that in regard to contractor and retailer, etc. recommendations in the Virtual Design Plan, dwipbox acts strictly as a third party referrer and not a provider of such trades, goods and services of any kind, and all contractual relations and arrangements concerning the provision of such trades, goods and services are entirely a matter between you and the relevant contractor(s) and/or retailers and others, Dwipbox is in no way responsible or liable for the provision of such services, and you indemnify dwipbox entirely in respect of the financial consequences of any breach of contract or breach of duty on the part of you or the third party provider in the provision of your services;
dwipbox does not accept any responsibility or liability for any incorrect furniture ordered by you or a third party, or furniture that may be the wrong size, wrong colour or arrive damaged.
dwipbox works on the assumption that all clients check the dimensions of the furniture pieces recommended to them before purchasing. dwipbox will not accept any liability or responsibility for furniture ordered by you that is not to your satisfaction or needs to be returned for any other reason. It is your responsibility to check any product recommended by dwipbox or by you to ensure that the products ordered will pass freely into the room of choice, that they will fit in that room, can be transported via any door, stairs and doorways, and there are no other issues that could add difficulties to delivery or frustrate delivery;
While Dwipbox will reasonably endeavour to ensure that all retail product links provided to you in a Virtual Design Plan are current in order to assist with purchasing the products, there is no guarantee that the furniture or accessories recommended by Dwipbox will be available for purchase at all or within a specific time frame defined by you in your brief to us. If prices are provided as part of the e-design recommendation, there is no guarantee that you will find the article at the same price when you seek to order it; and,
We reserve the right to maintain commercial partnerships and affiliate relationships with these third party goods and services providers.
Time shall not be of the essence in the rendering of the Services under these Terms.
ON SITE DESIGN AND OPTIONAL EXTRAS
If you select a package that includes an On Site Appointment, you acknowledge and agree as follows:
Appointments may be restricted to certain geographical areas. Please check our Website for up-to-date information on eligibility.
We reserve the right to refuse an On Site Appointment for any reason or no reason and to refund you in full or in part in those circumstances.
Our On Site Design option is not a full interior design service. While we may undertake indicative measurements of rooms and spaces, this will be for guidance and illustrative purposes only and it will be your responsibility to review, ensure and verify the accuracy of such measurements to your own satisfaction.
We will use reasonable endeavours to agree and book an On Site Appointment with you at a time and on a date that is convenient to you, but we offer no guarantee. In the event an On Site Appointment is varied or cancelled at your request and, despite our reasonable efforts, we are unable to agree a new date and time, then Cancelations and Refunds Clause will apply.
If you select an Optional Extra service, you agree that the terms will be as set out on our Website from time-to-time and these take precedence and modify these Terms accordingly.
Subject to this, if you select our Measuring Service, we measure your desired space(s) with a laser measure and provide to-scale floor-plans drawn on our software. These measurements are for information purposes and guidance and we neither offer nor imply any warranty as to their accuracy and you should rely on your own due diligence. dwipbox designers will endeavour to scale up floorplans provided by you or your contractor with reasonable accuracy. dwipbox does however require you to check these floorplans are accurate and correct before beginning any form of design work such as hiring tradesmen, requesting quotes and purchasing furniture and other items.
REFUNDS AND CANCELLATION POLICY
You may cancel our Services within 48 hours of the online booking, by notifying us or selecting the cancellation option on the Website, which case you will be refunded the Client Payment less a sum that reasonably reflects the value of our Services already provided up to the time of cancellation. If the cancellation request is received more than 48 hours of the online booking, you will not be entitled to a refund.
Interior design is a subjective art form. At dwipbox, catering to your taste and preferences is our utmost priority. However, we cannot guarantee complete satisfaction at all times. Unfortunately, we are unable to provide refunds in such cases. We apologize if you are unsatisfied with our designs. Please feel free to contact us if so. We will be happy to discuss your concerns over the phone or via email and make further recommendations.
CLIENT’S WARRANTIES AND OBLIGATIONS
You warrant that:
you are 18 years of age or older;
you are a human, and not a computer service or automated “bot”;
you have provided accurate and valid information requested during the registration process;
In using the Website, you must not breach any laws in your jurisdiction, including but not limited to any copyright laws.
In the event of Default, dwipbox will without limiting its other rights or remedies, have the right to suspend your access to the Website until you remedy the Default to dwipbox’s satisfaction. dwipbox will rely on the Default to relieve it from the performance of any of its obligations to the extent the Default prevents or delays dwipbox’s performance of any of its obligations.
dwipbox will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from dwipbox’s failure to perform, or delay in performing, any obligation; and, you will reimburse dwipbox on written demand for any costs or losses sustained or incurred by dwipbox arising directly or indirectly from the Default.
INTELLECTUAL PROPERTY RIGHTS
As between dwipbox and the Client, all Intellectual Property Rights in or arising out of or in connection with the services will be owned by dwipbox. Subject to the first clause below, dwipbox licenses all such rights to the Client on a non-exclusive, worldwide basis to such extent as is necessary to enable the you to make reasonable use of our Services, save that certain third party rights are reserved. For example, product photographs used in mood boards are thte copyright of their respective owners. If our Services are cancelled or terminated, this licence will automatically terminate.
The Client acknowledges that, in respect of any third party Intellectual Property Rights, the Client’s use of any such Intellectual Property Rights is conditional on dwipbox obtaining a written licence from the relevant licensor on such terms as will entitle dwipbox to license such rights to the Client.
The Client hereby warrants that any data, information, images or other content which it uploads to the Website will not infringe the Intellectual Property Rights of any third party or otherwise not comply with all applicable laws and regulations. The Client will indemnify dwipbox against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by dwipbox arising out of or in connection with any breach by the Client.
Any material which the Client uploads, transmits or posts to the dwipbox Website will be considered non-confidential and non-proprietary. dwipbox will have no obligations with respect to such material. dwipbox and its designers will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
The Client is prohibited from uploading, posting or transmitting to or from the Website any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
LIMITATION OF LIABILITY
Nothing in these Terms will limit or exclude dwipbox’s liability for:
death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
or,fraud or fraudulent misrepresentation.
You acknowledge and agree that:
dwipbox Online Design is a virtual interior design, not a traditional interior design service, and we do not offer or imply the warranties and representations that would normally accompany a professional service;
where we discuss your specific design needs, this should not be treated as advice, but guidance and for information only;
while reasonable efforts are made to ensure our Virtual Design Plan matches your needs, the Virtual Design Plan (and any plans, specifications, lists, information and documentation whatsoever it contains) is for illustrative purposes only and not to be relied on; and,
at all times you must rely on your own due diligence in evaluating and seeking to implement the Virtual Design Plan.
You accept, acknowledge and agree that Optional Extras such as our Measuring Service may be available from time-to-time, but we neither offer nor imply any warranty or guarantee as to the availability of these additional Services.
You acknowledge that:
dwipbox will under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of or damage to goodwill, loss of use or corruption of software, data or information or any indirect or consequential loss arising under or in connection with these Terms.
dwipbox will under no circumstances be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond dwipbox’s control; and,
dwipbox’s total liability to the Client in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the lower of ONE HUNDRED POUNDS (£100) or the Client Payment for the corresponding Service whichever is lower.
You agree to indemnify and hold dwipbox, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website in breach of these Terms or your breach of any law or the rights of a third party.
The Parties acknowledge that with regards to their relationship and all the data, including but not limited to customer data, dwipbox is the Data Controller and Data Processor, such meaning been given to them under the Data Protection Act 1988.
dwipbox will not use any data collected through the Services for any purpose other than the fulfilment of, and marketing and promotion of, the Services.
dwipbox will retain your data for as long as is necessary, and for a period of up to six (6) years following closure or termination of your account.
share your customer data with third party service providers for the purpose of fulfilling its Services, including (among other things) account administration and informing you about dwipbox’s services in the future;
dwipbox is not responsible for any incorrect or inaccurate content posted on the Website. The Website may be temporarily unavailable from time-to-time for maintenance or other reasons. dwipbox assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Client communications. dwipbox is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Website, including injury or damage to Clients or to any other person’s computer related to or resulting from use of the Service.
dwipbox does not warrant that (i). the Service will meet your specific requirements, (ii). the Service will be uninterrupted, timely, secure, or error-free, (iii). the results that may be obtained from the use of the service will be accurate or reliable, (iv). the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v). any errors in the Service will be corrected. The Service is provided “as-is” and dwipbox disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. dwipbox cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will dwipbox or any of dwipbox’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if dwipbox has been advised of the possibility of such damages.