Information About Us
www.mybespokeroom.com is a website operated by MY BESPOKE ROOM LIMITED ("MBR", "we", "us", "our"). We are registered in England and Wales under company number 08804168 and have our registered office at 21 Bunhill Row, London, England, EC1Y 8LP. Our VAT number is [NUMBER].
As a host advertiser and provider of affordable and accessible interior design services and solutions, MBR aims to facilitate an online venue for MBR Members to interact with MBR and use an interactive, bespoke and personal service to produce tailored and inspirational interior design options and recommendations.
Accessing Our Site and Site Availability
We do not guarantee that our Site, or any content on it or the Interactive Services, will always be available. Access to our Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Site without notice or liability. We will not be liable to You if for any reasons our Site is unavailable at any time or for any period.
MBR does not warrant the validity and accuracy of information on the Site, the Interactive Services, third party websites linked to in the Site, or that the Site is kept up-to-date. You acknowledge that the Site is provided to You over the internet and relies on unrelated third parties such as Site hosting providers, network providers etc the activities of which are outside of MBR's reasonable control. MBR shall use reasonable efforts to ensure that the Site, the Interactive Services and any information it holds on You are kept secure. However, due to the nature of the internet, MBR does not represent or warrant to You that:
Your use of the Site and/ or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any UGC or MBR Content, search or link on it;
any information obtained or downloaded by You as a result of Your use of the Interactive Services (including via third party website links) will be accurate, reliable or free of viruses or contamination or destructive features;
Your shared UGC will not be used by a third party in various ways on or off the Site; and
there will not be any defects in the operation or functionality of any software provided to You as part of the Site.
Registering for an MBR Account and Accessing the Interactive Services
In order to make use of the Interactive Services, MBR Users must register to become MBR Members and make use of a MBR Account which shall be accessible by way of a MBR Login. For the avoidance of doubt, You shall have no access to most of the functionality offered by the Site and the Interactive Services if You choose not to register.
The Interactive Services may include (without limitation and at MBR's sole discretion) the ability to:
register to become an MBR Member with a MBR Login;
have access to a MBR Account accessible via a MBR Login where You can store and access Your MBR Portfolio Items;
fill out a pre-determined online MBR Brief and submit it to MBR for MBR to provide the MBR Interior Design Services;
take part in discussions and receive or give advice in respect of Your MBR Mood Board via telephone, skype or our integrated chat function, as can be arranged in advance between You and us;
access any resources posted by our interior design experts, such as know-how by way of guides, tools, information and links; and
purchase Products via the MBR eStore,
and such other features as MBR may add or amend from time to time at MBR's sole discretion and without prior notice.
Any Registration Information that You provide must be true, accurate and complete at all times. MBR reserves the right to decline any application for registration as an MBR Member at its sole discretion.
Uploading Content to Our Site and/or the Interactive Services
Whenever You make use of an Interactive Service or another feature that allows You to upload UGC to our Site, or to make contact with other MBR Users, You must comply with our acceptable use standards as set out below (see "Acceptable Use Standards"). You undertake that any UGC You submit complies with those standards and You will be liable for any loss or damage we suffer as a result of Your breach of this obligation.
You may delete UGC from the Site by clicking on the account deletion function available when logged into Your MBR Account.
The views expressed by other MBR Users on our Site do not represent our views or values and we will not be responsible, or liable to any third party, for the content or accuracy of any UGC posted by You or any other MBR User.
We have the right to remove any posting You make on our Site if, in our opinion, Your post does not comply with our acceptable use standards.
You acknowledge that messages sent over the internet (including the Site) are not encrypted and are not secure. Despite efforts to protect Your information (including Data), we cannot ensure or warrant the security of any information (including Data) You transmit to us, via, to, or from our Site. MBR does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. You transmit all information (including Data) at Your own risk.
Your Grant of a Licence to Your UGC to MBR
Any UGC You transmit or post on our Site shall be considered non-confidential and non-proprietary and we shall have no obligations with respect to such material. When You transmit, post or share UGC on our Site, You grant us and our assignees a worldwide, non-exclusive, royalty free transferable and sub-licensable licence to copy, disclose, modify, prepare derivative works of, distribute, incorporate and otherwise use (or not use, as the case may be) such UGC and all data, images, sounds, text and other things embodied therein for any and all non-commercial or commercial purposes (including but not limited to advertising, promotion and sale) ("Licence"). We also have the right to disclose Your identity to any third party who is claiming that any UGC posted or uploaded by You to our Site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
the MBR Terms terminate with regard to You for whatever reason;
Your UGC is deleted off the Site by You or MBR; or
Your MBR Account is terminated.
You warrant, represent and undertake to MBR that You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable MBR to use or display Your UGC in the manner contemplated by the Licence.
Acceptable Use Standards
We will do our best to assess any possible risks for MBR Users (and in particular, for children) from third parties when they use any Interactive Services provided on our Site, and we will decide in each case whether it is appropriate to moderate the relevant Interactive Service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on our Site and the UGC posted on it, and we expressly exclude our liability for any loss or damage arising from the use of any of our Interactive Services, or the viewing of any UGC.
The use of any of our Interactive Services by a minor under the age of 18 is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online and potential risks to them.
When using our Interactive Services and posting UGC You must comply with the spirit of the following standards, which apply to each part of any contribution as well as to its whole.
UGC must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable Legislation in the UK and in any country from which they are posted.
UGC must not:
Contain any material which is defamatory of any person, be likely to deceive any person, or be used to impersonate any person, or to misrepresent Your identity or affiliation with any person.
Contain any material which is obscene, offensive, hateful or inflammatory or could be seen to incite, advocate or promote abusive behaviour or conduct or harassment or contain or promote any sexually explicit or violent material, or promote any illegal activity and/or racism, bigotry, hatred or physical harm of any kind against any group or individual.
Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Promote discrimination or harassment, be threatening, abusive, obscene, defamatory or libellous, or invade another's privacy, cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass alarm or annoy any other person, or otherwise constitute Inappropriate Content.
Be potentially harmful to minors or vulnerable adults.
Infringe any copyright, database right, trade mark or any other Intellectual Property Right of any other person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence (or promote, advocate or assist any such behaviour).
Give the impression that it emanates from, is approved or endorsed by or is in any way linked to us, if this is not the case.
Involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
Promote information that You know is false or misleading.
Contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
Display pornographic or sexually explicit material of any kind, or provide material that exploits people under the age of 18 in a sexual or violent manner, or solicit Data from anyone under the age of 18.
Solicit passwords or personal identifying information for commercial or unlawful purposes from other MBR Members.
Engage in commercial activities and/or sales without our prior written consent (such as, without limitation, contests, sweepstakes, barter, advertising and pyramid schemes).
Although MBR cannot monitor the conduct of MBR Members off the Site, it is a violation to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any MBR Member without their prior explicit consent.
You acknowledge that MBR has no obligation to monitor any UGC or other MBR Content provided by MBR Members or any third parties.
We will determine, in our discretion, whether there has been a breach of our acceptable use standards through Your use of our Site and we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of Your right to use our Site.
Immediate, temporary or permanent removal of any posting or material uploaded by You to our Site and disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Legal proceedings against You for reimbursement of all costs and damages (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate. We exclude all liability for any actions taken in response to breaches of these acceptable use standards.
Conditions of Use and MBR User Representations, Warranties and Undertakings
not to sell, license, rent, distribute or otherwise exploit any UGC or MBR Content for any other purposes without the prior written consent of MBR or the respective licensors of the UGC or the MBR Content;
not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the Site or the MBR Interactive Services, including but not limited to any UGC or MBR Content, in any medium without MBR's prior written authorisation, unless MBR makes available the means for such activity through the functionality offered by the MBR Interactive Services;
not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
not to establish a link to our Site in any website that is not owned by You;
not to alter or modify any part of the Site or any of the MBR Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
not to access UGC or MBR Content through any technology or means other than the Site itself or such other means as MBR may explicitly designate for this purpose;
not to access or attempt to use the MBR Code or MBR Login of other MBR Users or penetrate or attempt to penetrate MBR's security measures;
not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the MBR Interactive Services or features that (i) prevent or restrict use or copying of UGC or MBR Content; or (ii) enforce limitations on the use of the MBR Interactive Services or the accessible UGC or MBR Content;
not to use the Site to copy, store, host, transmit, send, use, publish, distribute or knowingly introduce any material which consists of (or is linked to) any spyware, viruses, rojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any MBR User of the Site or the MBR Interactive Services;
not to attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching certain provisions above, You may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Site will cease immediately;
not to post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for MBR to use or possess in connection with the provision of the Interactive Services; and
to keep Your MBR Login details secure and confidential.
Further, by using the Site, You warrant, represent and undertake that You:
will comply with all applicable Legislation and Codes of Practice;
will comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of Your use of the Site;
ensure all information provided to MBR in respect of Yourself (when applying to become a MBR Member or at any time thereafter) and in respect of the Site is true and accurate in all respects;
are legally capable of entering into binding contracts and that You are eighteen (18) years old or above (or if not, that Your actions are led and supervised by a suitable guardian who is eighteen (18) years old or above).
We reserve the right to withdraw any linking permission to all MBR Users or on an individual basis without notice. If You wish to make any use of content on our Site other than as permitted above, please contact us via the contact information provided below.
Termination or suspension of Terms or of access to the Site and/or the Interactive Services
Each of the applicable MBR Terms shall remain in full force and effect to the extent that a MBR User (whether registered as a MBR Member or not) makes use of the Site and/or the MBR Interactive Services (including during which any UGC remains displayed on, or stored by, the Site) unless terminated by You or by MBR in accordance with the MBR Terms.
You acknowledge and agree that to improve the Site and/or the Interactive Services, MBR may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You generally at MBR's sole discretion, without prior notice to You.
You may cancel Your relationship with MBR at any time by requesting that MBR deactivates Your MBR Account and terminates Your MBR Membership by sending an email request to email@example.com with "URGENT – TERMINATION REQUEST" in the subject line. This process will take around forty-eight (48) hours to complete during Working Hours only.
You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software. We do not guarantee that our Site will be secure or free from bugs or viruses.
No Reliance on Information
The content on our Site is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we take reasonable steps to ensure the accuracy of the information accessed via and appearing on our Site, we cannot guarantee or give any warranty, whether express or implied, as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by other MBR Users and are merely providing access to such content to You. We have no obligation to verify or moderate the content of such information nor to edit any such information provided by other MBR Users. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and You acknowledge that any reliance on such information will be at Your own risk.
MBR Intellectual Property Rights
This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it ("MBR Content") are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. MBR Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MBR or, where applicable, MBR licensors. MBR and its licensors reserve all rights not expressly granted in and to the MBR Content.
Limitation of our Liability
This Site and its content are provided "as is" and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our Site or any content on it.
We will not be liable to any MBR User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site, or use of or reliance on any content displayed on our Site. In particular, we will not be liable for (i) loss of profits, sales, business, or revenue, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunity, goodwill or reputation, or (v) any indirect or consequential loss or damage. Our liability to You whether in contract, tort or otherwise shall be limited to the amount of any payments for Products, or any MBR Fees, made by You to MBR.
Third Party Links and Resources in Our Site
Sales through the Site and/or the Interactive Services
All sales of Products and services (including MBR Mood Boards and MBR Interior Design Services) made through the Site and/or the Interactive Services are subject to the terms and conditions set out in the Terms of Sale. Please read these carefully.
The MBR Terms taken together constitute the entire agreement between You and MBR in relation to Your use of the Site and/or the MBR Interactive Services and supersede any prior representations, inducements or agreements relating to its subject matter. Should the courts strike out as invalid or unenforceable or otherwise alter any part of the MBR Terms, the remaining terms shall remain valid and in force.
Failure by either MBR or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Third Party Rights
MBR tries to meet the highest standards when providing the Site and the Interactive Services. We take any Complaints we receive about this very seriously. We encourage people to bring any Complaints to our attention and we welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently.
You agree that the courts of England will have exclusive jurisdiction to hear any such disputes, with the exception of any disputes under our Terms of Sale, the jurisdiction for disputes in relation to which is set out here.
Words denoting an obligation on a MBR User to do any act, matter or thing includes an obligation to procure that it be done and words placing a MBR User under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.
(B) Terms Of Sale
These Terms of Sale (together with the documents referred to in them) set out the terms and conditions on which Third Party Retailers supply goods and services to You ("You" and "Your") through My Bespoke Room Limited ("MBR", "we", "us", "our")'s website www.mybespokeroom.com (our, or this, "Site") and/or through the Interactive Services.
Please read these Terms of Sale carefully and ensure that You understand them before You submit Your order to us. These Terms of Sale tell You who we are, how products and services will be provided to You, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms of Sale, please contact us to discuss.
Information About Us
Who we are. We are My Bespoke Room Limited, a company registered in England and Wales under company number 08804168, whose registered office is at 21 Bunhill Row, London, England, EC1Y 8LP. [Note; add VAT number ASAP after registration]
How to contact us. You can contact us by clicking here, or alternatively by telephoning our customer service team at [number] or by writing to us at firstname.lastname@example.org [and postal address]. [Note: Ideally use other forms of contact too]
How we may contact You. If we have to contact You we will do so by telephone or by writing to You at the email address or postal address You provided to us in Your order.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms of Sale, this includes emails.
Your contract for products.
When you click a link to buy a product on our Site or via the Interactive Services, there are two options:
You may be directed to the website of the relevant Third Party Retailer and asked to enter Your order and payment details directly with them. Any product You order in such a manner shall be referred to in these Terms of Sale as a "Direct Click Product", When purchasing a Direct Click Product, You will enter into a contract with the relevant Third Party Retailer directly, via a website other than the Site, and subject to that Third Party Retailer's terms. We will have no further involvement with, or liability in respect of, this order and we give no undertakings, representations, warranties or statutory terms relating to the fitness and quality of any Direct Click Products, which are given by the relevant Third Party Retailers to You, and not by MBR to You. Your only recourse in the event of any dispute over the quality or use of any Direct Click Product is through the relevant Third Party Retailer and not through MBR. The majority of these Terms of Sale do not apply to orders for Direct Click Products; or
You may be able to enter Your order and payment details onto, and checkout using, our Site. This means that we buy the Product on Your behalf from the Third Party Retailer who sells that particular Product, through our shopping service and subject to these Terms of Sale. MBR offers the Products for sale through the Site as an agent of the relevant Third Party Retailer, on that Third Party Retailer's terms and conditions. Consequently, when MBR collects money in relation to the Products it does so as agent for the relevant Third Party Retailer.
If you purchase Products using the Site or the Interactive Services, Your contract for the purchase of those Products is made between You and the relevant Third Party Retailers and not MBR. It is the relevant Third Party Retailer that will be selling You each Product. Details of which Third Party Retailer is responsible for supplying You with each Product, and the relevant terms applicable to Your Product purchase from that Third Party Retailer, are available on the Product page, at the checkout and in the acceptance email You may receive after placing an order.
The Products are in the ownership, title, possession, and control of the relevant Third Party Retailers. Any dispute in relation to the Products will be between You and the relevant Third Party Retailers, not MBR.
Your contract for MBR Interior Design Services. Your contract for MBR Interior Design Services will be between You and MBR. MBR provides the MBR Interior Design Services on its own behalf, subject to the terms set out in this Site. Consequently, when MBR collects money in relation to the MBR Interior Design Services it does so on its own behalf.
How Your order will be accepted. Acceptance of Your order for Products or MBR Interior Design Services will take place when we email You to accept it, at which point a contract will come into existence. If You are purchasing Products, then the email from us to You accepting Your order is sent on behalf of the Third Party Retailer and the contract for the supply of these will be between You and them. If You are purchasing MBR Interior Design Services, then our email to You accepting Your order is sent on our own behalf and the contract for the supply of these will be between You and us.
If we cannot accept Your order. If we or the relevant Third Party Retailer are unable to accept all or part of Your order, we will inform You of this in writing and You will not be charged for the any Product or MBR Interior Design Service that we are unable to accept Your order for (but You will still be charged for any Product or MBR Interior Design Services that we are able to accept Your order for). We or the relevant Third Party Retailer might be unable to accept all or part of Your order because the Product has been discontinued, is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or the MBR Interior Design Services or because the relevant Third Party Retailer is unable to meet a delivery deadline You have specified.
Your order number. We will assign an order number to Your order and tell You what it is when we send You the email accepting Your order. It will help us if You can tell us or any relevant Third Party Retailer the order number whenever You contact us or them about Your order.
We only sell to the UK. Our Site is solely for the provision of the Products, MBR Mood Boards and MBR Interior Design Services in the UK and Channel Islands and we will only accept orders for Products for delivery in the UK and Channel Islands. Unfortunately, neither we nor the Third Party Retailers deliver to addresses outside the UK and Channel Islands.
The Products and MBR Interior Design Services
Products may vary slightly from their pictures. The images of the Products and sample MBR Mood Boards on our Site are for illustrative purposes only and are just examples. Although we have made every effort to display the colours accurately on the Site, there is no guarantee that a device's display of the colours on the Site accurately reflects the colour of the Products. Your Product may vary slightly from those images. Your MBR Mood Board will vary depending on the criteria You set out in Your MBR Brief.
Product packaging may vary. The packaging of each Product may vary from that shown in images on our Site.
Making sure Your measurements are accurate. You are responsible for ensuring that any measurements You give us are correct. You can find information and tips on how to measure by contacting us.
All MBR Mood Boards and other materials created wholly or partially by or on behalf of MBR in connection with or arising from the provision of the MBR Interior Design Services ("MBR Materials") are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. You agree that all MBR Materials and all materials embodying them are our sole and exclusive property to the fullest extent permitted by law. To the extent that any MBR Materials do not vest automatically with us You assign to us (including in so far as is possible by way of present assignment of future rights) with full title guarantee any right, title and interest You may have in and to the MBR Materials.
MBR Materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MBR or, where applicable, MBR licensors. MBR and its licensors reserve all rights not expressly granted in and to the MBR Materials.
Your Rights to Make Changes
If You wish to make a change to the Product or MBR Interior Design Service You have ordered please contact us. We will let You know if the change is possible and where necessary check this with the relevant Third Party Retailer. If it is possible we will let You know about any changes to the price of the Product or MBR Interior Design Service, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the contract (see Your rights to end the contract).
Our Rights to Make Changes
Minor changes. We or the relevant Third Party Retailer may change the Products or MBR Interior Design Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect Your use of the Product or MBR Interior Design Services.
More significant changes. In addition, we may make more significant changes to these Terms of Sale or to the Products or MBR Interior Design Services, including by proposing alternative Products where a Product You have ordered is unavailable, but if we do so we will notify You and You may then contact us to end the contract or Your purchase of a particular item under the contract, before the changes take effect and receive a refund for any Products, MBR Mood Boards or MBR Interior Design Services paid for but not received. If the change is in relation to Products, then when You contact us, we will contact the relevant Third Party Retailer on Your behalf to arrange to end Your contract with them, if You request this.
Providing the Products and MBR Interior Design Services
Delivery costs. The costs of delivery will be as advised to You during the order process. We will arrange for the relevant Third Party Retailer to deliver Products directly to You. Please see the relevant Third Party Retailer's terms for more detail on the applicable delivery policies.
When the Products and MBR Interior Design Services will be provided
Products. We will arrange for the relevant Third Party Retailer to deliver the Products to You. The estimated delivery date for the Products will be as told to You during the order process and by email and may vary depending on the Third Party Retailer. Please see the relevant Third Party Retailer's terms for more detail on the applicable delivery policies.
MBR Interior Design Services. We will provide the MBR Interior Design Service by email to the address You provided to us when placing the order within fifteen (15) Business Days of our acceptance of Your order (or five (5) Business Days if You select the express option when checking out). These timescales assume that You have given us all the information we require in order to provide the MBR Interior Design Services: please see clause 6.4 below for what happens where You have not given us all such information. You may ask us follow-up questions about the MBR Interior Design Service that we have provided to You free of charge within two (2) weeks of the date on which it was provided to You, but after this time additional questions related to design will be deemed to be MBR Interior Design Services and will incur a charge.
We are not responsible for delays outside our control. If the supply of the Products or MBR Interior Design Services is delayed by an event outside our control (including by a Third Party Retailer) then we will contact You as soon as possible to let You know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such event, but if there is a risk of substantial delay You may contact us to end the contract. You will receive a refund for any MBR Interior Design Services You have paid for but not received. If Your order was for Products, we will contact the Third Party Retailer on Your behalf to end the contract if You instruct us to do so. Please refer to that Third Party Retailer's terms for Your refund rights in relation to such Products. [Note: MBR will not be held responsible for delays caused by third party retailers, but it will still be required to offer a refund as above where there is a substantial delay]
What will happen if You do not give required information to us. We may need certain information from You so that we can supply Products or MBR Interior Design Services to You, for example, your dimensions or preferred style. If so, this will have been stated in the description of the Products or MBR Interior Design Services on our Site. If You do not give us this information when placing an order, we will contact You to ask for it. If You do not give us this information within a reasonable time of us asking for it, or if You give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products or MBR Interior Design Services late or not supplying any part of them if this is caused by You not giving us the information we need within a reasonable time of us asking for it.
Your rights to end the contract
Your rights to end a contract for Products. Your contract for Products is between You and the relevant Third Party Retailer. If You wish to end a contract for Products You must contact us and we will speak to the Third Party Retailer on Your behalf. However, Your rights in relation to ending the contract will depend on the terms of Your contract with them.
You can always end Your contract for MBR Interior Design Services with us. Your rights when You end Your contract for MBR Interior Design Services will depend on what You have bought, whether there is anything wrong, how we are performing and when You decide to end the contract:
If what You have bought is faulty or misdescribed You may have a legal right to end the contract for MBR Interior Design Services (or to get replacement MBR Interior Design Services or some or all of Your money back), see clause 10;
If You want to end the contract for MBR Interior Design Services because of something we have done or have told You we are going to do, see clause 7.3;
If You have just changed Your mind about the MBR Interior Design Services, see clause 7.4. You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions;
In all other cases (if we are not at fault and there is no right to change Your mind), see clause 7.7.
Ending the contract for MBR Interior Design Services because of something we have done or are going to do. If You are ending a contract for MBR Interior Design Services for a reason set out at (a) to (d) below the contract will end immediately and we will refund You in full for any MBR Interior Design Services which have not been provided and You may also be entitled to compensation. The reasons are:
we have told You about an upcoming change to the MBR Interior Design Services or these Terms of Sale which You do not agree to (see clause 5.2);
we have told You about an error in the price or description of the MBR Interior Design Service You have ordered and You do not wish to proceed;
there is a risk that supply of the MBR Interior Design Services may be significantly delayed because of events outside our control; or
You have a legal right to end the contract for MBR Interior Design Services because of something we have done wrong.
Exercising Your right to change Your mind (Consumer Contracts Regulations 2013). For most items bought online You have a legal right to change Your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, may apply to Your contract with us for MBR Interior Design Services and are explained in more detail in these Terms of Sale. For Your right to change Your mind in respect of Products, please see the relevant Third Party Retailer's terms of sale. If You change Your mind about a Product, please contact us and if possible we will arrange this with the relevant Third Party Retailer on Your behalf.
When You don't have the right to change Your mind:
in relation to MBR Interior Design Services: You do not have a right to change Your mind in respect of services, including MBR Interior Design Services, once these have been completed, even if the cancellation period is still running.
in relation to Products: Your rights to change Your mind in relation to Products will be governed by Your contract with the relevant Third Party Retailer. For full details, please see that Third Party Retailer's returns policy. You may not have a right to change Your mind in respect of all Products, such as Products that are made to Your specifications or are clearly personalised.
How long do I have to change my mind? How long You have depends on what You have ordered and how it is delivered.
For MBR Interior Design Services: You have 14 days after the day we email You to confirm we accept Your order. However, once we have completed the relevant services You cannot change Your mind, even if the period is still running. If You cancel after we have started the services, You must pay us for the services provided up until the time You tell us that You have changed Your mind.
For Products: please see the relevant Third Party Retailer's returns policy.
Ending Your contract for MBR Interior Design Services where we are not at fault and there is no right to change Your mind. Even if we are not at fault and You do not have a right to change Your mind (see clause 7.1), You can still end the contract before it is completed, but You may have to pay us compensation. A contract for MBR Interior Design Services is completed when we have finished providing the MBR Interior Design Services, delivered the relevant MBR Mood Board to You and You have paid for them. If You want to end a contract for MBR Interior Design Services before it is completed where we are not at fault and You have not changed Your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by You for MBR Interior Design Services not provided but we may deduct from that refund (or, if You have not made an advance payment, charge You) reasonable compensation for the net costs we will incur as a result of Your ending the contract.
How to end Your contract (including if You have changed Your mind)
Tell us You want to end the contract. To end Your contract with us for MBR Interior Design Services, or Your contract with the relevant Third Party Retailer for Products, please let us know by doing one of the following:
Phone or email. Contact us at the details set out at "How to contact us". Please provide Your name, home address, details of the order and, where available, Your phone number and email address.
Online. Complete the form on our Site.
By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what You bought, when You ordered or received it and Your name and address.
Where Your contract is with a Third Party Retailer, we will do our best to arrange to end the contract on Your behalf. However, in the event of any dispute, You will need to deal with the Third Party Retailer directly.
Returning Products for a refund after changing Your mind or otherwise ending the contract. If You end Your contract with the relevant Third Party Retailer for any reason (including exercising Your right to change Your mind about Products) after the Products have been dispatched to You or You have received them and You want a refund, You must contact us so that we can organise this with the Third Party Retailer and process any refund due to You. In order to return Products, You must follow that Third Party Retailer's return procedures, which will be given to You in Your order confirmation. If You are unsure of which address to use in order to return items, or have any questions about returns, please contact us at the details set out at "How to contact us" so that we can help You.
Returning Products when You want an exchange. If You want to exchange a Product for any reason, You should check the terms of Your contract with the relevant Third Party Retailer. You may contact the Third Party Retailer directly in order to arrange any exchange, which You can do by following that Third Party Retailer's exchange procedures, given to You in Your order confirmation. However, if You want to arrange a whole or partial refund or other form of payment, You will need to contact us instead of the Third Party Retailer. If You have any questions about exchanges, please contact us at the details set out at "How to contact us" so that we can help You.
When the costs of return will be paid. In respect of Products, this will be as set out in the relevant Third Party Retailer's contract with You, There will be no costs of return in respect of MBR Interior Design Services.
How we will refund You. We will refund You the price You paid including any delivery costs, by the method You used for payment. However, we may make deductions from the price (including on behalf of the relevant Third Party Retailer where applicable), as described below.
Deductions from refunds if You are exercising Your right to change Your mind. If You are exercising Your right to change Your mind:
We may reduce Your refund of the price in accordance with the terms of Your contract with the relevant Third Party Retailer.
The maximum refund for delivery costs will be the costs of delivery by the least expensive applicable delivery method offered.
For MBR Interior Design Services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when You told us You had changed Your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When Your refund will be made. We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then:
Your refund for a Product will be made in accordance with the terms of Your contract with that Third Party Retailer. For information about how to return a Product, see clauses 8.2 and 8.3.
Your refund for MBR Interior Design Services) will be made within 14 days of Your telling us You have changed Your mind.
Our rights to end the contract
We may end the contract if You break it. We may end the contract for MBR Interior Design Services at any time by writing to You if:
You do not make any payment to us when it is due and You still do not make payment within 14 days of us reminding You that payment is due; or
You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the MBR Interior Design Services.
Third Party Retailers' rights to end their contract with You for Products are as set out in that contract.
You must compensate us if You break Your contract for MBR Interior Design Services. If we end Your contract for MBR Interior Design Services in the situations set out in clause 9.1 we will refund any money You have paid in advance for MBR Interior Design Services we have not provided, but we may deduct or charge You reasonable compensation for the net costs we will incur as a result of Your breaking the contract. Third Party Retailers' rights to charge You compensation under their contract with You for Products are as set out in that contract.
We may withdraw the product. We may write to You to let You know that we, or the relevant Third Party Retailer are going to stop providing the Product or MBR Interior Design Service. We will let You know at least [14 days] in advance of the stopping of the supply of the Product or MBR Interior Design Service and will refund any sums You have paid in advance for Products, MBR Mood Boards or MBR Interior Design Services that will not be provided.
If there is a problem with the Product or MBR Interior Design Service
How to tell us about problems. If You have any questions or complaints about the Product, MBR Mood Board or MBR Interior Design Service, please contact us as your first point of contact, at the details set out at "How to contact us". We may direct You to the relevant Third Party Retailer where appropriate.
Your legal rights. Nothing in these Terms of Sale will affect Your legal rights. Any undertakings, representations, warranties or statutory terms relating to the fitness and quality of Products are given by the relevant Third Party Retailers to You, and not by MBR to You. Your ultimate recourse in the event of any dispute over the quality or use of the Products is through the relevant Third Party Retailer. However, responsibility for the MBR Interior Design Services is with MBR and Your recourse in relation to the MBR Interior Design Services is through us.
Your obligation to return rejected Products and MBR Mood Boards. If You wish to exercise Your legal rights to reject Products because they are faulty (which rights shall be governed by the terms of Your contract with the relevant Third Party Retailer), You must follow that Third Party Retailer's return procedures, which will be given to You in Your order confirmation and post the Products back to the relevant Third Party Retailer. If You are unsure of which address to use in order to return items, or have any questions about returns, please contact us at the details set out at "How to contact us" so that we can help You. [You do not need to return rejected MBR Mood Boards.] [Note: we assume that you wouldn't be asking for rejected MBR Mood Boards to be returned, since a copy could simply be kept – check this is accurate.]
An MBR Interior Design Service will not be considered to be faulty or not in conformity with Your contract simply because You do not like or want any item or recommendation in Your MBR Interior Design Services or MBR Mood Board.
Price and payment
Where to find the price for the Product or MBR Interior Design Services. The price of the Product or MBR Interior Design Service (which includes any applicable VAT) will be the price indicated on the order pages when You place Your order. The MBR Fees for MBR Interior Design Services can be found here. We take all reasonable care to ensure that the price of the Product or MBR Interior Design Service advised to You is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Product or MBR Interior Design Service You order.
Price increases. We reserve the right to change the MBR Fees and Product prices displayed on the Site from time to time (including by increasing them). If the price of a Product or an MBR Interior Design Service changes between date on which You place Your order and the date on which we accept Your order for that Product or MBR Interior Design Service, we will notify You and You may then contact us to end the contract for that Product or MBR Interior Design Service before the changes take effect. If You do so in relation to a Product, then we will notify the Third Party Retailer on Your behalf that You wish to end Your contract for that Product with them. If You have already paid for the MBR Interior Design Service in full before the change in price takes effect, then we will not charge You for any increase. If You have already paid for a Product in full before the change in price takes effect, then You should consult the relevant Third Party Retailer's terms for Your rights.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products or MBR Interior Design Services we sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Product or MBR Interior Design Service's correct price at Your order date is less than our stated price at Your order date, we will charge the lower amount. If the Product or MBR Interior Design Service's correct price at Your order date is higher than the price stated to You, we will contact You for Your instructions before we (or the Third Party Retailer, in the case of Products) accept Your order. If we accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, we may end the contract, refund You any sums You have paid and require the return of any goods provided to You.
When You must pay and how You must pay. We accept payment by PayPal and Stripe Payments. You must pay the full price for Products and/or the full MBR Fees for MBR Interior Design Services upon placing Your order. We will charge You using the details You enter upon checkout.
What to do if You think an invoice is wrong. If You think any invoice You receive is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge You interest on correctly invoiced sums from the original due date. If the invoice is in relation to Products, then we may refer You to the relevant Third Party Retailer.
Our responsibility for loss or damage suffered by You
We are responsible to You for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, we are responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen, for example, if You discussed it with us during the sales process.
We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of Your legal rights including the right to receive services which are: as described and match information we provided to You and any sample or model seen or examined by You; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
We are not liable for business losses. We only supply the products for domestic and private use. If You use the Products or MBR Interior Design Services for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Third Party Retailers' responsibilities for loss or damage. We are not responsible under any contract You may have with Third Party Retailers. Third Party Retailers, not MBR, have the legal responsibilities in relation to Products, which responsibilities will be as set out in Your contract with the relevant Third Party Retailers.
How we may use Your Data
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Sale to another organisation.
You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these Terms of Sale to another person if we agree to this in writing. We will not unreasonably withhold our agreement.
Nobody else has any rights under this contract. This contract is between You and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Sale.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these Terms of Sale, or if we delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date. For example, if You miss a payment and we do not chase You but we continue to provide the Products or MBR Interior Design Services, we can still require You to make the payment at a later date.
Which laws apply to this contract and where You may bring legal proceedings. These Terms of Sale are governed by English law and You can bring legal proceedings in respect of these Terms of Sale exclusively in the English courts; with the sole exceptions that:
if You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts; or
if You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Alternative dispute resolution. Please note that disputes relating to these Terms of Sale may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
In the MBR Terms (except where the context otherwise requires) the following terms shall have the following meanings:
Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.
Codes of Practice: refers to all legal and regulatory codes (including for these purposes ancillary rules of procedure, guidance notes, directions, policies and advice) published by regulatory authorities or other industry professional bodies including without limitation the Advertising Standards Authority (specifically, the 12th edition of the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)), Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, DBERR and other trade bodies, to be construed as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.
Complaint: means any dissatisfaction expressed by a MBR Member as against MBR in connection with the provision of the Interactive Services.
Data: shall mean for the purposes of the MBR Terms 'Personal Data' as defined in the Data Protection Legislation.
Data Protection Legislation: means the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and (i) (before 25 May 2018) the EU Data Protection Directive 95/46 and all national implementing laws thereof (including the UK Data Protection Act 1998); or (ii) (on or after 25 May 2018) the EU General Data Protection Regulation 2016/679 and all national implementing laws thereof; together with all other applicable laws and regulations relating to privacy or data protection, including where applicable the guidance and codes of practice issued by the Information Commissioner; as each of the same may be amended, repealed or replaced with equivalent laws, regulations, guidance or codes from time to time. The terms "Personal Data", "Data Subject", "Data Controller", "Data Processor" and "Process" (and their derivatives) shall have the meanings given to them in Data Protection Legislation.
Inappropriate Content: means any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) is a virus.
Intellectual Property Rights: database rights, patents, user interface rights, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights which subsist or will subsist now or in the future, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Interactive Services: refers to the interactive services available through the Site as listed under "Accessing the Interactive Services" above and as may be amended from time to time without notice at MBR's sole discretion.
Legislation: all applicable laws, Acts of Parliament, Regulations and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such a law, Act Regulation or Treaty or otherwise having the force of law and relevant to the MBR Terms (including where applicable, technologically neutral legislation) including but not limited to the Electronic Commerce (EC Directive) Regulations 2002; the Provision of Services Regulations (2009); Consumer Protection (Distance Selling) Regulations 2000; the Unfair Terms in Consumer Contracts Regulations 1999; the Consumer Protection from Unfair Trading Regulations (2008); the Business Protection from Misleading Marketing Regulations (2008) and laws of contempt of court, obscenity, racial hatred and defamation (to be construed as including references to any amendment, modification, consolidation or re-enactment for the time being in force).
Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
MBR Account: means the secure account created upon registration from where a MBR Member can access the Site and the Interactive Services via their MBR Login.
MBR Brief: means the brief You submit to MBR using the Interactive Services, setting out Your requirements for use in the creation of Your MBR Mood Board.
MBR eStore: means the online store on the Site through which Products. Direct Click Products and MBR Interior Design Services may be purchased and to which embedded links in an MBR Mood Board may be directed.
MBR Fees: refers to the fees charged by MBR in respect of the MBR Interior Design Services as referred to at clause 11.
MBR Interior Design Services: the services provided by MBR for the design of an MBR Mood Board in line with the relevant MBR Brief, or such other design services as are agreed between You and us, to be sent to the MBR Member by email which may include (at MBR's discretion) researching and collating various options and recommendations for incorporation into the MBR Mood Board and taking part in discussions and advising in respect of the MBR Mood Board via telephone or skype as can be arranged in advance between You and the MBR Member.
MBR Login: refers to the username and unique password a registered MBR Member uses to access their MBR Account.
MBR Member(s): refers to a registered user who has valid MBR Membership who is likely to be a parent, guardian, carer or other responsible adult.
MBR Membership: refers to the membership required to access the Site and to avail of the Interactive Services generally.
MBR Mood Board: refers to the designs we create for You in line with Your MBR Brief (as part of our "mini makeover", "complete design experience" or "snap & source" services, as applicable) which includes various options and recommendations put together by our expert interior designers and which may include links to where the Products may be purchased through the MBR eStore.
MBR Portfolio Items: refers to the material and information stored in, and accessible in, Your MBR Account including but not limited to Your MBR Brief(s) and MBR Mood Board(s).
MBR Registration Form: refers to the registration form required to be filled in by a MBR User to complete MBR Membership.
MBR User: includes anyone who uses the Site (whether registered or not) including a MBR Visitor and an MBR Member.
MBR Visitor: refers to the person who visits the Site but does not progress to verification and registration for MBR Membership.
Product: refers to a product available for purchase from Third Party Retailers via the MBR eStore and for the avoidance of doubt excludes Direct Click Products.
Product Details: refers to the details pertaining to the Product.
Third Party Retailer: refers to a third party whose Products or Direct Click Products are available for sale in the MBR eStore.
UGC: means content provided/ generated by a MBR Member, uploaded, embedded or otherwise displayed and/ or stored on the Site which may include but is not limited to text, articles, images, listings, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by MBR and MBR Members where applicable (including the information provided by MBR Members for insertion into an MBR Brief).
VAT: means value added tax chargeable under English law for the time being and any similar additional tax.
Working Hours: Monday to Friday 9am - 5pm during Business Days.