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TERMS AND CONDITIONS

OVERVIEW

Throughout the site, the terms “we”, “us”, “our”, “the company” refer to “Yiannakou Home Designs LTD” and you (“the Customer”). By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to our store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – OFFLINE IN-STORE PURCHASE TERMS

PRICE & PAYMENT

  1. The Customers instruction to begin the work outlined in the Company’s quote constitutes acceptance of these terms and conditions of sale and the terms  of the quotation the Company has provided and which the Customer has confirmed, for the goods, making and installation costs set out in the  Company’s quotation and for any extras or variations agreed upon in the course of installation (see clauses 11 and 12 below).
  2. Payment is required as follows.
    1. Upon written acceptance of the quote a 50% deposit of the total price of the quote is required to confirm the order. Please note that an order is not  confirmed until a deposit is received by the Company.
    2. Full and final payment of the total price for the order is required a minimum of 3 days prior to installation or at the time of collection of the goods.
    3. Part installation or part supply of the goods requires a payment equal to the value of the goods and/or services supplied, such amount to be  determined by the Company at its discretion and notified to the Customer.
  3. Measurements supplied by the Customer must be accurate and recorded in centimeters. The utmost care will be taken by the Company in following the measurements, but these measurements are ultimately the responsibility of the Customer.
  4. The Customer may not withhold a percentage of the total price as retention for remedial or maintenance work. The Customer may not make any deductions or set off any amounts against the total price.

RISK, TITLE & DELIVERY

  1. Where the Customer sells the goods prior to ownership passing to the Customer, the proceeds shall be held by the Customer for the benefit of the Company.
  2. All goods shall be at the risk of the Customer from the time the goods are delivered to the Customer by the Company. The Customer must insure the  goods from the time risk passes to them.
  3. Ownership in the goods remain with the Company until payment is made in full.
  4. Any stated time for delivery or installation is an estimate only and the Company shall not be responsible for any delay.
  5. Once goods have been ordered and fabric has been cut, orders cannot be cancelled. Any cancellation of an order will result in the forfeit of the deposit paid by the Customer.
  6. The Company shall store goods pending collection for up to 21 calendar days. The 21 day period starts when the Customer is advised of installation or  collection. After 21 days a 50.00 EUR plus GST per week storage fee applies.

SITE

  1. The Company reserves the right to determine whether the site is ready for installation on the scheduled installation date.
  2. It is the Customer’s responsibility to ensure that all existing blinds, drapes and tracks are removed prior to installation. If the Customer requires the removal of any existing window coverings, tracks or brackets there will be an extra cost charged by the Company.
  3. Please note that the Company will remove certain items of furniture prior to installation, but where excessive amounts of furniture or chattels require removal, shifting or cleaning up, such charges will be EXTRA to the quotation given to the Customer by the Company. Where the Company does at its  discretion de-install any electronic, kitchen or similar items or appliances it will do so on the basis that it will take all reasonable care, however it will not  be responsible for any subsequent malfunction.

CONSUMER GUARANTEES

  1. The Customer acknowledges that the Company does not provide any express guarantees, other than those expressly confirmed by the Company in  writing. For the avoidance of doubt mildew, fading and misuse of products will not be covered.
  2. For refunds over 100.00 EUR including GST, a direct credit will be processed to the Customer’s nominated account. All goods shall be returned to the  Company prior to a refund being processed.

PROGRESSIVE INSTALLATION

  1. It is desirable that the installation be completed in one visit or continues as series of visits by the Company’s installer. Where this is not possible,  additional charges may apply. In the event that completion of the installation is delayed for reasons outside of the control of the Company, the Customer  may be requested to store all or part of the goods. The Company takes no responsibility for partial quantities of goods left in its care unless an  arrangement to the contrary is agreed in writing between the parties.

DEFAULT

  1. If the Customer defaults on payment of any part of the total price on the due date of payment, or the Customer does anything inconsistent with the  Company’s ownership of the goods, or the Customer is otherwise in breach of these terms (“Event of Default”), the Company without prejudice to any  other right it has at law or in equity, shall be entitled to:
    1. terminate this contract created by the quote and these terms by notice in writing to the Customer; or
    2. demand all amounts outstanding immediately become payable, notwithstanding the payment due date has not arisen; or:
    3. charge interest to the Customer from the due date for payment at a rate that is 5% per annum above current overdraft rate which the Company has with
      its principal trading bank; or
    4. enforce any security interest created by this agreement and/or by taking possession of the goods; or
    5. recover from the Customer the costs of and incidental to the Company collecting or attempting to collect the outstanding debt, and enforcing or  attempting to
    6. enforce its security (including legal costs on a Solicitor/Customer basis); or
  2. The Customer agrees that, at any time after an Event of Default has occurred and is continuing or at any time if any goods are at risk, the Company may:
    1. take possession of any goods; and/or
    2. sell or otherwise dispose of any goods,

in each case in such manner and generally on such terms and conditions as it thinks fit and, in each case, do anything the Customer could do in relation to those goods. As the Customer’s agent, the Company (and its employees and agents) may, without prior notice, enter any land or premises where the goods are kept in order to take possession of and/or remove them, without being responsible for any damage caused in doing so. The Customer agrees to procure all other rights (including consents) necessary to enable, and to indemnify the Company (and its employees and agents) against any liability incurred in connection with, such entry, taking of possession and removal of goods. The Company may resell any of the goods and apply the proceeds of sale in reduction of the amount owing.

PERSONAL PROPERTY SECURITIES

  1. These terms create a security interest in all present and after acquired goods (and any proceeds of such goods) that are supplied by the Company to the  Customer.
  2. The Customer agrees to do anything reasonably necessary for the purposes of:
    1. ensuring that the security interest in goods created under or provided for by these terms:
      1. attaches to such goods
      2. is enforceable, perfected, maintained and otherwise effective; and
      3. has the priority contemplated by these terms;
    2. enabling the Company to prepare and register a financing statement or financing change statement;
    3. enabling the Company to exercise any of its powers in connection with its security interest in such goods; and

PRIVACY

  1. The Customer authorises the Company or the Company’s agent to:
    1. collect and use information about the Customer for the purposes of conducting a general assessment of the Customer’s creditworthiness, to  instruct a credit reporting agency in respect of a debt collection or notify a default by the Customer, as applicable; and
    2. otherwise use the Customer’s information in accordance with the Company’s privacy policy.

GENERAL

  1. If the Company fails to exercise any right or remedy available to it, that will not prejudice its rights in regard to that right or remedy.
  2. The Company is entitled at any time to assign to any other person all or part of any debt, owing by the Customer to the Company.
  3. Unless otherwise specified, all amounts in the quotation are in EURO.

SECTION 2 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 6 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

 

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

 

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of RS, Europe.

 

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at eshop@studioyiannakou.com

 

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