Elizabeth Davis
Interior Design and Styling Services Terms and Conditions
These terms and conditions govern your purchase (Terms and Conditions)
By clicking “accept” you agree to these Terms and Conditions.
- Services
a. The website www.elizabethdavis.com.au (Website) is operated by Elizabeth Davis (ABN: 34 170 878 544). Access to and use of the Website, or any of its associated services is provided by Elizabeth Davis.
b. The Website provides you with an opportunity to browse and purchase various interior design and styling services that have been listed for sale through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
c. You have agreed to purchase the Services from the Website. Your details are those that you have included on the booking page of the website (Booking Page).
2. Acceptance of the Terms and Conditions
You accept these Terms and Conditions by clicking accept and proceeding with the purchase, at which time these Terms and Conditions will become the legally binding agreement between us (Agreement).
- Personal Information
a. When purchasing the Services, you will be required to provide personal information such as your full name, address and e-mail address.
b. You agree that all details that you have provided in completing the purchase are true and correct.
c. Your personal information is kept in accordance with the Elizabeth Davis Privacy Policy (Privacy Policy) which is available on the Website.
4. Purchase of Services
a. In using the Purchase Services to purchase the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Services (Purchase Price).
b. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
c. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
d. Following payment of the Purchase Price being confirmed by Elizabeth Davis, you will be issued with a receipt to confirm that the payment has been received and Elizabeth Davis may record your purchase details for future use.
e. Elizabeth Davis reserves the right to accept or reject your purchase for any reason.
f. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and Purchase Services tax as defined in A New Tax System (Goods and Purchase Services Tax) Act 1999, exclusive amounts.
g. Elizabeth Davis agrees to perform the Services for You, as described and outlined on the Website.
h. Elizabeth Davis agrees to commence the Services in respect of your property (Site) on a date to be agreed between the parties, in writing via email, subject to availability.
i. If Elizabeth Davis is required to alter the description of the Services, the parties will agree in writing.
- Refunds Policy
The Services are non-refundable. Elizabeth Davis does not provide refunds for change of mind. Please keep that in mind when making a purchase.
- Exclusions
The Services do not include the following:
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- Provision for any procurement or purchasing, including custom purchasing, of any products, furniture or accessories.
- Interior installation.
- Arranging or accepting delivery of or storing any merchandise or interior installations.
- The Designer’s services shall not include undertaking any responsibility for the design or modification of the design of any structural, heating, air-conditioning, plumbing, electric, ventilation or other mechanical systems installed or to be installed at the location.
- Obtaining quotations, recommending or engaging any third parties including contractors, tradespersons, other service providers or design industry professionals.
- In-person meetings, in-person site assessments or in-person shopping trips.
- Project management or the overseeing of trades or interior installations.
- The hire of professional photography services to photograph the site prior to the commencement of the project or once the project is complete.
- Architectural or engineering services whatsoever, including any drawings.
- Provision of multiple copies of documents (beyond 1 copy);
- Specialists, council submissions and approval, documentation and printing;
- Tender conditions, packaging up and coordinating tender documents, calling tenders and building engagement.
- Variations, Revisions and Approval
7.1 Variations
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- If, at any time, You wish to make variations to the Services, any request for variations must be made in writing and sent via email to Elizabeth Davis (Variation Request).
- If Elizabeth Davis agrees to the Variation Request, confirmation will be provided in writing to You. You agree that variations are not agreed to unless done so in writing. Once a Variation Request has been agreed to in writing by Elizabeth Davis (Approved Variation), the Approved Variation will form part of this Agreement.
- You agree that additional charges will be payable by You to Elizabeth Davis for any additional work required to be undertaken by Elizabeth Davis in relation to an Approved Variation, and the associated fees will be quoted to you in advance.
7.2 Revisions
You are entitled to 1 round of revisions following the design proposal and concept phase. Revision requests must be provided to Elizabeth Davis within 1 week of the presentation to you, such request to be made in writing via the Feedback and Revision Request form (that will be provided to You). Revisions that materially change the agreed scope of Services will be taken to be Variations and will be charged accordingly. Elizabeth Davis reserves the right to decline any revision requests from You.
7.3 Approval
At each progress stage of the Services, Elizabeth Davis requires You to give approval in writing of specific documents and designs (Approval). All Approvals must be given within the timeframe outlined by Elizabeth Davis when requesting the Approval. Elizabeth Davis reserves the right to suspend work if Approval is not given. Any delay in approval will result in additional costs invoiced to You by Elizabeth Davis.
- Your Responsibilities
As part of our mutually rewarding relationship, we request that You ensure the following preparations and responsibilities are maintained throughout our work together.
For a mutually beneficial experience, Elizabeth Davis requires that You carry out the responsibilities and understand Your obligations listed below. You agree that Elizabeth Davis is not responsible for any cost, loss, damage, penalty of expense as well as any restrictions or delays of the Services resulting from adequately carrying these out.
a. Provide Elizabeth Davis with all information relevant to or requested to complete the Services including: details of the scope of the project, design budget, ideas and personal design preferences (including colour, materials and style preferences) and any additional requirements you have for the project, as well as site information, site photographs, site measurements and relevant floor plan.
b. Keep Elizabeth Davis informed of any relevant issues concerning the successful completion of the design project, including any faults or defects in the project that you may discover, including any errors, omissions, or inconsistencies in documentation.
c. Obtain all approvals required by any governmental agencies (permits) or otherwise in connection with the project.
d. Obtain quotations and engage the services of third parties including contractors, tradespersons, other service providers and design industry professionals in order to carry out work on the project.
e. Purchase and take delivery of all merchandise including furniture, art, accessories, fixtures, hardware, floor coverings, ceiling treatments, window treatments, wall treatments and lighting.
f. Be responsible for undertaking project management and overseeing all work completed by third parties, including contractors, tradespersons, other service providers and design industry professionals.
g. Install all merchandise including furniture, art, accessories and complete styling of the space.
h. Undertake or arrange to be undertaken, photography as required upon completion of the project and email the photographs to Elizabeth Davis.
- Photography
a. You agree to follow instructions provided by Elizabeth Davis to take photographs of the Site in its original state (Before photographs), including room corners, walls, power outlets, light switches, flooring, ceiling, lighting, cornices, skirting boards, trims, windows, doors, door hardware, other architectural features including fireplace, ceiling rose, built-in cabinetry, and any other electrical elements including wall-mounted air conditioner and ceiling-mounted fan.
b. You agree to follow instructions provided by Elizabeth Davis to take photographs of the Site in its completed/newly designed state (After Photographs), which may also be referred to as the ‘Room Transformation Photographs’, including room corners, walls, paint and wall furnishings, furniture, art and sculpture, accessories and décor, decorative accents, door and door hardware, window furnishings, flooring, fixed and non-fixed lighting, and cabinetry and hardware.
c. You agreed to provide all photographs to Elizabeth Davis, and You provided authority for Elizabeth Davis to use the Before Photographs and After Photographs for her own purposes, including marketing, portfolio, website, and social media. Elizabeth Davis will not disclose Your personal details or the location (except for the suburb and state) without Your prior written consent.
d. You agree that any communication to the public of photos of the Services including on social media or within media publications, must be accompanied by an adjacent credit line acknowledging Elizabeth Davis, unless otherwise agreed in writing. Elizabeth Davis reserves the right to review any communication to the public of the Services under this clause prior to publishing.
- Accuracy of Documents
a. You agree to follow instructions provided by Elizabeth Davis to take measurements as required at the Site, and instructions to draw a floor plan of the Site in its existing state. This includes, but is not limited to, measurements for the length and height of all walls, windows, doors, trims, skirting boards and ceiling, as well as mapping out existing electrical, lighting and technology.
b. You acknowledge and understand that You are responsible for ensuring that all information and documentation is as accurate as possible, including scope of project, design budget, ideas and personal design preferences (including colour, materials and style preferences) and any additional requirements You have for the project, as well as site information, site photographs, site measurements and floor plan of relevant rooms, and/or other documents that pertain to the Site.
c. You further acknowledge and understand that You are required to take full responsibility for any errors which may arise during the design process due to inaccurate, false or misleading information provided to Elizabeth Davis (whether intentional or unintentional). Elizabeth Davis will not be responsible for any errors which may arise during the design process due to inaccurate, false or misleading information provided to Elizabeth Davis by You.
- Intellectual Property Rights
a. You recognise and acknowledge that all intellectual property (Intellectual Property) in documentation and materials produced by Elizabeth Davis, including designs, drawings, specifications, presentations and other materials used in the delivery of Services, is the property of Elizabeth Davis and You will take all such steps as practicable to ensure that the Intellectual Property will vest in and remain vested in Elizabeth Davis.
b. You acknowledge and understand that You are permitted to use the Intellectual Property solely for this project only.
c. You further acknowledge and understand that the drawings, specifications, and other documents produced by Elizabeth Davis are conceptual in nature and intended to set forth design intent only and are not to be used for architectural or engineering, or any other purpose. Accordingly, You are not permitted to share any intellectual property publicly or with third parties (including tradesmen or professionals) without Elizabeth Davis’s prior written consent.
- Warranties
a. Elizabeth Davis warrants that the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. This warranty will be valid for 1 year from the performance of the relevant Services.
b. To the maximum extent permitted by law, the warranty is exclusive and in lieu of any conditions or warranties of any kind, whether express or implied, statutory or otherwise, with respect to these terms, or any Services provided by Elizabeth Davis to You, including, without limitation, any implied warranties of satisfactory quality and fitness for a particular purpose. In particular, Elizabeth Davis warrants that the services will meet Your requirements.
c. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled:
i. To cancel the service contract with Elizabeth Davis; and
ii. To a refund for the unused portion.
d. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
e. You agree that the above warranties are separate and in addition to any warranties provided by any trades or other third-party. Elizabeth Davis is not liable or responsible for any defects, or poor workmanship of any third party. If an issue arises with the workmanship or warranties of a third party, it is Your responsibility to contact the relevant third party directly.
- Stoppages and Delays
a. If the Completion Date is delayed as a result of unforeseen circumstances or causes beyond Elizabeth Davis’s control including but not limited to: any strike, lock-out, shortage of labour and materials, delays in delivery of materials, failure of other trades/contractors to complete necessary work in a timely manner, unexpected issues arising through the renovation process, a pandemic, riot, political or civil disturbances or inclement weather; You agree that:
i. You will not have any claim against Elizabeth Davis for damages or otherwise; and
ii. Elizabeth Davis will be entitled to a fair and reasonable extension of time for the completion of Services to be agreed by the parties in writing.
b. In the event that the materials, furniture or furnishings set out in this Agreement are in short supply or unavailable for a time period considered by Elizabeth Davis as unreasonable, then You will select substitute material of similar quality from amongst like material readily procurable by Elizabeth Davis. Any difference in price will be payable by You.
c. In general, You agree that delays to the Services may lead to extra costs being incurred due to additional hours worked and revisits by Elizabeth Davis. Invoices will be issued to You accordingly and You agree to pay any additional invoices.
- Termination
a. Either party may terminate this Agreement for any reason by providing 14 days written notice to the other Party.
b. Either party may terminate this Agreement for any breach of these Terms by providing 7 days written notice to the other party, by email.
c. If the parties wish to engage in discussions, the parties may allow the other party to remedy the breach within 3 days’ notice, or another timeframe as agreed, and if resolution is reached then the Agreement will not be terminated.
d. If resolution is not reached within 7 days from the date of the notice of termination, then the Agreement will be terminated.
e. If this Agreement is terminated, You agree to pay Elizabeth Davis for the portion of the Services completed up to the date and time of termination.
- Disclaimer and Liability
15.1 Disclaimer
Elizabeth Davis will work with you to support you to work towards your objectives. Elizabeth Davis does not make any promises or provide guarantees that the Services will achieve your desired outcome, or that all clients will achieve the same results.
15.2 Liability
a. You agree that Elizabeth Davis will only be liable to You to the extent of resupplying the Services to You. This includes liability arising for any reason arising out of, or in connection with the Services in contract, tort (including negligence), equity, statute or otherwise.
b. You understand and agree that Elizabeth Davis, its affiliates, employees and agents will not be liable to You should you incur any damages of any kind. Damages include, but not limited to:
i. Any loss of profit (whether incurred directly or indirectly);
ii. Any loss of goodwill or business reputation
iii. And any other intangible loss.
c. Damages include direct, indirect, incidental or consequential damages which may be incurred by You, however caused for whatever reason.
- Communication and Timelines
a. The parties agree to communicate via e-mail and telephone with all decisions relating to the Services to be agreed in writing. Please ensure you direct your emails to elizabeth@elizabethdavis.com.au.
b. Elizabeth Davis’s standard working hours are Monday to Friday between 8.30am and 3:00pm. All communication will be responded to within 48 business hours from receipt. Emails are not responded to outside of hours, weekends or public holidays.
- Disclosure and Use of Confidential Information
a. All obligations of confidence set out in these terms continue in full force and effect after the Services have been provided.
b. The Parties must not disclose any Confidential Information to any third Party without the prior consent of the other Party.
c. Each Party must keep confidential the terms of these terms. If a Party becomes aware of a breach of this obligation, that Party will immediately notify the other Party.
d. These Terms prohibit the disclosure of Confidential Information by either Party with exception to the following circumstances:
i. The disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these terms and the related Party has consented to the disclosure of such information to the professional adviser;
ii. The disclosure is required by applicable law or regulation; or
iii. If the confidential information is already in the public domain at no fault of either Party.
- No partnership or agency
Nothing contained or implied in this Agreement creates or constitutes, or is deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
- Dispute Resolution & Mediation
We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.
If a dispute arises out of, or relates to these Terms, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by independent third party, as agreed, or his or her nominee and attend a mediation.
- Assignment
a. You agree Elizabeth Davis may delegate and/or subcontract any obligations under this Agreement for the purpose of providing the Services, as required and at the discretion of Elizabeth Davis, to any party without Your consent. If Elizabeth Davis does exercise its rights under this clause, Elizabeth Davis remains liable and responsible to You in respect of the Services.
b. You agree Elizabeth Davis may assign or novate this Agreement or part of this Agreement to any party without Your consent.
- Venue and Jurisdiction
The Purchase Services offered by Elizabeth Davis are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.
- Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales.
- Independent Legal Advice
Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice
- Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
- Entire Agreement and Modifications
The parties agree that this Agreement, the Website and Booking Page, is the entire agreement between them, and that it supersedes any previous communications, either oral or written, between the parties. To avoid confusion or misunderstanding going forward, it is acknowledged and agreed that any variation to this Agreement is required to be in writing and agreed between the parties.