TERMS AND CONDITIONS:
The following terms and conditions apply to the provision of services by Maryline Delalande trading as Maryline Delalande French Interior Stylist & Decorator and you agree to be bound by such terms and conditions from the time you make a purchase with us. Please sign and return a copy of this quotation to confirm your intention to engage our services.
Full payment of the initial consultation fee is required upon receipt of our invoice and in any case prior to the consultation. Service fees are payable within fourteen (14) days following receipt of an invoice. There is no GST payable for the provision of services. A receipt will be issued following full payment of the fees. Please refer to our website marylinedelalande.com for a full price list.
You are required to book your initial consultation and pay the consultation fee in full prior to your consultation date. We will confirm the consultation date upon receipt of the full payment. Once confirmed, you cannot cancel your initial consultation but you may change the date provided that you tell us about the change not later than two (2) days prior to your consultation time. We will otherwise keep the initial consultation fee and you will have to rebook your initial consultation and pay the fee again upon receipt of our invoice. If you cancel your initial consultation, we will keep the initial consultation fee.
Subsequent consultations will generally be included as part of a packaged offer of services for which fees will be billed to you upon delivery of the services. You may change the date of a particular consultation but we ask that you tell us about such change no later than two (2) days prior to the consultation date to assist us with managing our schedule. Whilst we will endeavour to accommodate your request to change a consultation date, missed consultations will not lead to a reduction in the fees payable for any packaged offer of services.
We will provide the services described in this quotation with due care and skill and in accordance with your requirements as set out herein. Should you wish to vary the scope of our services, we ask that you provide us with as much information as you can about the changes (e.g. by providing us with a revised brief) so that we can assess the impact of these changes and determine if the quotation needs to change. In such event, we will seek your agreement to proceed on the basis of a revised quotation.
We will endeavour to provide the services within the agreed timeframe. There will however be times where delay may occur. We will keep you informed about such delay as soon as reasonably practicable and work with you to minimise the consequence of such delay. Unless otherwise agreed between us, delayed delivery of services will not give rise to a right to terminate our engagement, withhold payment and/or seek any kind of compensation.
The price and/or availability of any item of furniture or equipment we refer to in any of the deliverables provided to you may change when you decide to place the order. We offer no guarantee about the price and/or availability of any such item and ask that you make inquiries with the relevant manufacturer or reseller before placing any order.
You must pay our fees by the due date. All fees owing for any services (whether already delivered or not) will become due and payable in full if you make a late payment. We reserve the right to terminate the provision of services at any time if you fail to pay our fees on time.
You must provide us with a safe working environment when we are at your premises. This includes protecting us from harm and removing any safety hazard.
You must provide us with accurate and complete information about your requirements and keep us informed of any change which may be required throughout the engagement.
You must manage the ordering of any furniture or other item specified in the deliverables provided to you as part of the provision of our services. This includes handling delay, delivery and any change to the item’s specifications or terms of supply.
You must decide whether you need to seek expert advice (e.g. architect, builder, certifier etc) to implement the decorating ideas we provide to you as part of our services. We are not able to provide such expert advice.
Risk and liability
We disclaim all liability (whether that liability arises in contract, tort, equity or under statute) to you or any other person for any cost, loss, damages or claim howsoever occurring which may arise as a result of the provision of our services, unless directly attributable to our negligence or wilful misconduct. We are not liable to you for any indirect or consequential loss or damages.
You take full responsibility for any use you wish to make of the deliverables we provide to you as part of our services and any outcome resulting from such use. You are responsible for procuring, and acting on, any expert advice you may require.
We may terminate the provision of services if you are in breach of these terms and conditions and fail to remedy such breach within fourteen (14) days or if the breach is incapable of remedy.
Confidentiality and privacy
Each of us may only use or reproduce the confidential information of the other party for the purposes of performing its obligations or exercising its rights under these terms and conditions. Confidential information includes all information (in whatever format) that is marked confidential or the other party ought to know is confidential.
We will collect your personal information and manage such information in accordance with applicable privacy law and your reasonable directions notified to us from time to time in connection with the disclosure or handling of your personal information. We will only use your personal information for the purpose of fulfilling our obligations under these terms and conditions and will make reasonable use of the pictures taken as part of the provision of services for marketing purposes (e.g. on our website and social media accounts). Please indicate below whether you object to such use. Your consent will be deemed if you don’t make a choice.
Yes / No (cross out the item which does not apply)
We retain full ownership in any intellectual property which pre-existed at the time of provision of our services or which is created (by us alone or jointly with you or any other person) as part of the delivery of our services. Notwithstanding any other term, no intellectual property right will be transferred to you or any other person as a result of the provision of our services.
In the event of any dispute between us in connection with the provision of our services, except where one of us seeks urgent interlocutory relief, we will meet promptly with a view to resolving the dispute. Failing resolution, we will refer the dispute to mediation to be conducted by the Australian Commercial Disputes Centre in accordance with its then current mediation rules and guidelines for resolution within 10 days (or such other period we agree). If the dispute remains unresolved at the expiry of the 10-day mediation period (or such other agreed period), either of us will be entitled to commence court proceedings in relation to the dispute.
These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia and we submit to the jurisdiction of the courts exercising jurisdiction in that State and any courts of appeal from them.