Terms and conditions
Welcome to Rainbow Shaker, the colourful interior design service operated by Justine Guillermou and consisting of various e-design packages and bespoke services, allowing you to find just the right interior design for your requirements from the comfort of your own home.
These Terms and Conditions of Service (‘Terms’) – including our Privacy Policy– set out the terms and conditions and constitute an agreement ('Agreement') between us for use of Rainbow Shaker interior design service.
Please note that these Terms do not apply to interior design services to be provided at or for commercial or business premises. If you have those requirements, please Contact Me to further discuss your requirements.
These Terms are made between:
(1) The Consultant, Justine Guillermou, Rainbow Shaker, Bow Brook House Gathorne Street, E20PW London, referred to as the “Consultant” in these Terms.
(2) You, any person signing up to create an account, referred to as the “Client” in these Terms.
By using this Website and agreeing to use Rainbow Shaker's services, the Client, acknowledges that you have read these Terms, which will apply to the relationship between Parties. If you do not agree to the terms of these Terms, you should not use this Website.
Background
A. The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Consultant is agreeable to providing such services to the Client on these Terms.
1. Definitions and Interpretation
1.1. In these Terms, the following words shall have the following meanings:
"Appointment" means a home appointment (On-Site visit) booked by the Client with the Consultant where the option On-Site visit is selected by the Client;
"Business Day" means a day (other than a Saturday, Sunday, or public holiday) when banks in the City of London are open for business;
"Client", "they", "their" refers to an individual seeking services offered by the Consultant, Rainbow Shaker, or someone authorised to act on their behalf;
"Consultant", "Rainbow Shaker", "we", "us", "our" refers to Justine Guillermou, Rainbow Shaker, Bow Brook House, Gathorne Street, E20PW London;
"Client Information" means all information and documents, such as floor plans, measurements, budget, deadline, and digital images, regarding the interior space the Client wishes to design or re-design and that is required or requested by the Consultant to facilitate the Services;
"Default" refers to an event, occurrence, or incident in which the Consultant's performance of any of the Consultant's obligations under these Terms is prevented or delayed by any act or omission by the Client, or failure by the Client to perform their relevant obligations;
"Effective Date" means the date on which the Client engages the Services of the Consultant, whether through booking a consultation or signing an agreement and quotation for bespoke Services with the Consultant;
"Intellectual Property Rights" refers to all patents, rights to inventions, utility models, copyright, related rights, trademarks, service marks, trade, business and domain names, and all intellectual property rights, whether registered or unregistered, in any part of the world;
"Price" refers to the price payable by the Client to the Consultant for the Services provided;
"Services" refers to the design services provided by the Consultant to the Client;
"E-Design Plan" refers to a tailored interior design plan produced by the Consultant based on the Client Information;
"Website" refers to Rainbow Shaker's website at www.rainbowshaker.com or any other domain under the Consultant’s control.
1.2. In these Terms, the following rules of construction will apply:
1.2.1. clause and Schedule headings will not affect the interpretation of these Terms;
1.2.2. the Schedules forms part of these Terms and will have effect as if set out in full in the body of these Terms. Any reference to these Terms includes the Schedules. References to clauses and the Schedules are to the clauses and the Schedules of these Terms;
1.2.3. unless the context otherwise requires, words in the singular will include the plural and in the plural will include the singular;
1.2.4. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.5. a reference to a party includes its personal representatives, successors or permitted assigns;
1.2.6. unless the context otherwise requires, a reference to one gender will include a reference to the other genders;
1.2.7. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.2.8. any obligation on a party not to do something includes an obligation not to allow that thing to be done;
1.2.9. any phrase introduced by the terms including, include, in particular or any similar expression, will be construed as illustrative and will not limit the sense of the words preceding those terms; and.
The Parties have agreed to enter into these Terms to regulate the services provided by Rainbow Shaker to its Client and agree as follows:
2. Commencement and Duration
2.1 These Terms govern the relationship between the Consultant and the Client, effective from the Effective Date and continuing until the completion of services, subject to early termination as outlined herein.
2.2 The Consultant will provide the services outlined in these Terms.
2.3 Illustrations, descriptive matter, or promotional material issued by the Consultant will be for guidance only and will not form part of these Terms.
2.4. 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.
3. Performance
3.1. Both Parties agree to perform their obligations in a timely and professional manner.
3.2. The Consultant will use reasonable efforts to meet the deadlines but will not be liable for delays caused by the Client’s failure to provide necessary information or delays from third parties.
4. Choice of language
4.1. The Client has the choice of communication language between English and French for the performance of the Services. However, the Client acknowledges having received all contractual documents in English. If the Client has been provided with a copy of the contractual documents or any other document related to the project translated into a language other than English and if the translated version differs from the English version in any way, the English version will prevail.
5. General Payment Terms
5.1 General Payment Terms: The Client agrees to pay the Consultant for services as outlined in the Quotation. Payments will be due in advance for each phase as specified in the Quotation.
5.2 Late Payments: Payments overdue by more than 5 Business Days will incur a penalty interest charge of 10% per annum above the base lending rate of the Bank of England, calculated from the due date.
5.3 Payment for Work Already Rendered: If the Client terminates the project or fails to pay for services already provided, they agree to pay for all work completed up to the point of termination, including any ongoing costs or revisions already undertaken.
5.4 No Withholding or Set-Off: Payments must be made in full and on time. The Client may not withhold or set-off any payment for services rendered by the Consultant.
5.5 Discounts: Promotional discounts may be available from time to time but will not apply to previous payments.
5.6 Invoice Due Dates: All invoices issued by the Consultant must be paid within five (5) Business Days.
6. Interior design consultation
6.1. To order, the Client needs to book the consultation on the date of availability, enter their personal information when prompted, and then pay. The Consultant reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from the Client and others, and for holding funds in escrow, where appropriate.
6.2. The Consultant will take full payment up front and will only start working on the Client's detailed summary after the consultation date, once Payment and all Client Information have been received.
6.3. The Consultant reserves the right to postpone or cancel the consultation if the Client hasn't filled in the questionnaire, sent by email by the Consultant to the Client at the time of booking, at least 3 days before the Happy Hour Consultation, or if the Consultant thinks that the Client's information provided are not sufficient for the performance of the Services.
7. Remote interior design services
7.1 Upfront Payment: For remote interior design services or any international projects, the Client agrees to pay in full for each phase of the project upfront, as specified in the Quotation.
7.2 Deposit Amount: The deposit amount is at the discretion of the Consultant and varies depending on the project type. For residential projects, a 30% deposit may be required, whereas for commercial projects, the deposit may be higher. The full payment schedule will be clearly outlined in the Quotation.
7.3 Payment Schedule: Payments will be divided into phases, with payment for each phase due upfront or upon completion of the phase, as specified in the Quotation.
7.4 Scope of Work: The Consultant will provide a tailored e-design plan based on the Client Information. This plan is intended for illustrative purposes only and does not guarantee specific results or compliance with construction laws and regulations.
7.6. Where the option of ‘revision’ is included in a package, this consists of a change of up to one (1) time of the concept design and up to one (1) time of the design phase. On receipt of the Client's revision requests, the Consultant reserve the right to request payment of additional fees before continuing further work where we are reasonably of the view that the Client's request(s) will involve a substantial material revision to the e-design Plan.
7.7. The standard time for issuing a remote interior design project (e-design), which includes the Concept and Design Phases, is four (4) weeks to six (6) weeks. However, if a Revision has been asked by the Client, an additional period of time will be added to the selected duration.
7.7. Each package offers ‘design time’ during which period the Consultant is available by email support and guidance. For the abundance of clarity, ‘design time’ does not include further substantial design work.
7.8. At all times during the e-design process, the Client is under an obligation to respond promptly and fully to the Consultant. Should contact cease for a continuous period of three (3) months or you fail to provide responses to us that, acting reasonably, the Consultant considers to be satisfactory in assisting progression of the Client's e-design, the Consultant will regard their project as completed and no further work will be carried out and the Consultant also reserves the right to terminate our Services forthwith in those circumstances.
7.9. The Consultant will offer a helpline and will also be contactable by email.
7.10. For clarity, where a package includes 3D renders of e-designs, ‘revision’ eligibility does not include additional 3D renders. Any such requests will be treated as substantial material revisions to the e-design plan and a quotation for additional fees will be provided to the Client.
8. Revisions and Additional Work
8.1. Revisions: Each phase includes one revision of the design. Additional revisions, 3D renders, or substantial changes will incur an extra fee, as determined by the Consultant.
8.2. Additional Work: Any request for work outside the scope outlined in the Quotation, such as extra 3D renders or further design work, will be quoted separately at the Consultant's hourly rate of £65.
8. On-Site visit and Optional Extras
8.1. If the Client requests an On-site visit or Appointment, they acknowledge and agree as follows:
8.1.1. On-site visits or Appointments may be restricted to certain geographical areas.
8.1.2. The Consultant reserves the right to refuse an On-site visit or Appointment for any reason or no reason and to refund the Client in full or in part in those circumstances.
8.1.3 On-Site Visit Cost: If the Client requests an on-site visit prior to the commencement of the project, the cost for a 1.5-hour on-site visit will be £125. This cost will cover the Consultant's travel time, preparation, and any assessments needed for the project’s start.
8.1.4. Scope of On-Site Visit: The on-site visit will be an initial consultation to discuss the project in person, take measurements, review the space, and assess any necessary requirements. This visit will be for 1.5 hours unless otherwise agreed. Additional time spent on-site beyond this will incur an additional charge at the Consultant’s hourly rate of £65 per hour.
8.1.5 Payment for On-Site Visit: The payment for the on-site visit is required in advance and will be applied to the total project fee if the Client proceeds with the project. If the Client chooses not to proceed with the project, the £125 for the on-site visit will be non-refundable.
8.1.6. Rainbow Shaker's On-Site visit option is not a full interior design service. While the Consultant may undertake indicative measurements of rooms and spaces, this will be for guidance and illustrative purposes only and it will be the Client's responsibility to review, ensure and verify the accuracy of such measurements to their own satisfaction.
8.1.7. The Consultant will use reasonable endeavours to agree and book an Appointment with the Client at a time and on a date that is convenient to the Client, but the Consultant offers no guarantee.
8.2. If the Client selects an Optional Extra service, you agree that the terms will be as set out on Rainbow Shaker's Website from time-to-time and these take precedence and modify these Terms accordingly. Subject to this:
8.2.1. Optional Extras: The Client can select optional extra services, such as paint schedules, lighting plans, or additional design phases. These will be charged separately, and the Consultant will outline specific terms for these services.
9. Termination
9.1 Termination by Client: If the Client wishes to terminate the contract before the completion of the services, they must provide written notice to the Consultant. In such cases, the Client will be required to pay for all work completed up to the point of termination. If the Client has made an advance payment for services not yet performed, these will be refunded, minus the costs for any work already carried out.
9.2 Consultant’s Right to Terminate: The Consultant reserves the right to terminate the contract in the event of non-payment, failure to provide necessary information, or if the project cannot reasonably proceed due to unforeseen circumstances.
9.3 Termination by Consultant Due to Non-Payment: If the Client fails to make payment according to the agreed schedule, the Consultant may halt work on the project immediately. The Consultant will be entitled to demand payment for all services rendered up until the point of termination, including any additional costs for revisions or work done outside the original scope.
10. Dispute Resolution
10.1 Resolution Through Discussion: In the event of a disagreement or dispute, both parties agree to attempt to resolve the issue amicably before escalating it to legal action. If resolution cannot be reached through discussion, the Consultant may, at its discretion, seek the assistance of a third-party mediator or arbitration.
10.2 Legal Costs: In the event of a legal dispute, the losing party shall be liable for all legal costs, including those incurred by the Consultant for engaging legal professionals, collecting payments, or pursuing legal action.
11. Confidentiality
11.1. Confidential Information (the “Confidential information”) refers to any data or information relating to the business of the Client, which would reasonably be considered to be proprietary to the Client, including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information coules reasonably be expected to cause harm to the Client.
11.2. The Consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Consultant has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will end on the termination of this Agreement except in the case of any Confidential Information which is a trade secret in which case those obligations will last indefinitely.
12. Intellectual Property Rights
All intellectual property and related material (“the “Intellectual Property”) that is developed or produced under these Terms, will be the property of the Consultant. The Client is granted a non-exclusive limited-use licence of this Intellectual Property, which the Consultant may withdraw in the event of material breach of these Terms by the Client, including, but not limited to non-payment of the Consultant sum due under these Terms within the required timeframe.
13. Capacity / Independent Consultant
In providing the Services under this Agreement it is expressly agree that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
14. General Provisions
14.1 Entire Agreement: These Terms constitute the entire agreement between the Consultant and Client, superseding any previous agreements or understandings.
14.2 Amendments: Any amendments to these Terms must be in writing and signed by both Parties.
14.3 Waiver: A failure by either Party to enforce any provision of these Terms will not be considered a waiver of that provision.
15. Right of substitution
13.1. Except as otherwise provided in these Terms, the Consultant may, at the Consultant’s absolute discretion, engage a third party sub-contractor to perform some or all of the Services and the obligations of the Consultant under these Terms and the Client will not hire or engage any third parties to assist with the provision of the Services.
13.2. In the event that the Consultant hires a sub-contractor:
13.2.1. the Consultant will pay the sub-contractor for its services and the Payment will remain payable by the Client to the Consultant.
13.2.2. for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Consultant.
16. Autonomy
Except as otherwise provided in this Agreement, the Consultant will have full control over working time, methods, and decision making in relation of the Service in accordance with the Agreement. The Consultant will work autonomously and not at the direction of the Client. However, the Consultant will be responsive to the reasonable needs and concerns of the Client.
17. Assignment
The Consultant will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
18. Governing law and Jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of England. Each Party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
19. Terms
Is is agreed that there is no representation, warranty, collateral agreement or condition affecting these Terms except as expressly provided in these Terms.
20. Enurement
These Terms will enure to the benefit and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
21. Third parties
A person who is not a party to these Terms will not have any rights under or in connection with it.
22. Rights and Remedies
The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
23. Variation
Except as set out in these Terms, any variation, including the introduction of any additional terms and conditions to these Terms, will only be binding when agreed in writing and signed by the Consultant.
24. Information on the Right to Withdraw
24.1. Information on the Right to Withdraw
Right to Withdraw: The Client has a statutory right to withdraw from the Agreement within 14 days of signing, without giving a reason. To exercise the right to withdraw, the Client must inform the Consultant in writing.
For the Client to exercise their right of withdrawal from the Agreement, the Client must inform the Consultant Justine Guillermou, Rainbow Shaker, Bow Brook House, Gathorne Street, E20PW London, email: justine@rainbowshaker.com, of the Client's decision to withdraw from this Agreement by an unequivocal statement (e.g. via a letter sent by post or email).
The Client can use the model withdrawal form annexed to the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020 item 287 with amendments).
To meet the withdrawal deadline, it is sufficient for the Client to send information relating to the exercise of their right to withdraw from the Agreement before the expiration of the withdrawal period.
If the Consultant starts performing the Services before the expiration of the withdrawal period at the Client's requests, you will be required to pay for the Services already provided up until the point the Client informed the Consultant of their wish to withdraw. The amount due will be calculated in proportion to the full price of the Services, and the actual Services already provided. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis. If the Services are completed, you will lose the right to withdraw.
24.2. Effects of Withdrawing from the Agreement
Effects of Withdrawal: If the Client withdraws from the Agreement, the Consultant will return any payments made by the Client, less any amount for services already performed.