Terms & Conditions

HOME & MAKER OUR TERMS

These terms
1. What these terms cover. These are the terms and conditions on which we supply services to you.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
1. Who we are. We are Home & Maker Limited, a company registered in England and Wales. Our company registration number is 02890363 our registered VAT number is 353 1856 95.
2. How to contact us. You can contact us by telephoning our customer service team at 0330 380 1443 or by writing to us at 84 Great Suffolk Street, London SE1 0BE.
3. 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.
4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Quotations
1. Any quotation given by us shall not constitute an offer and is only valid for a period of 28 days from its date of issue.
2. The quotation will include all relevant project expenses, including purchasing one map for planning applications, obtaining drawings and documents, including postage and printing.
Our contract with you
1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for any services. This might be because of unexpected limits on our resources which we could not reasonably plan or because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified.
3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. We only offer our services in the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not provide our services to addresses outside the UK.
Our Services
1. In providing the services we will use the reasonable skill and care expected of a competent professional providing services of a similar nature.
2. Design services. Your quote includes one design review and change to the proposed design. Additional design reviews, alterations or additional services can be requested, and will be quoted for. We always seek explicit permission from you before conducting any additional work and will serve you with a full quote for any such additional requirements.
3. During the design stage, at no point will our team visit your property. We produce our drawing work using information provided by you, or your local authority unless specifically stated otherwise.
4. If you choose to conduct a Self Survey, change your mind or can’t complete the required survey information for whatever reason, we will provide a measured survey for an additional fee (see clause 6), which will be set by our team, based on your location, size of your property and time required for the survey.
5. Planning Application Handling. All quotes exclude any fees outside of our remit including but not limited to those payable to the local planning authority. However we will advise on an expected cost and how and when to make this payment.
6. Your local authority makes the decision regarding the approval of planning permission and/or lawful development. At any point prior to an official notice being served a decision can be overturned by senior management within the council. For example, a scheme can be approved in the first instance but then refused by a planning manager.
7. When acting as the planning 'agent' for you, the client, we do not attend site visits. This includes with the planning officer, during and after the application process.
8. We will conduct a follow up on your planning submission to try and get feedback from the local planning authority on your submission. We cannot always guarantee the local authority will tell us anything, but we will try our best
9. The services we offer for planning application handling does not cover additional reports or the hiring of additional professionals if requested or recommended by your local authority. These services can be procured, speak to your designer to confirm service availability and pricing.
10. Building Regulations. Building regulations are mandatory.
11. The services we offer for building control regulations will not cover:
  1. any and all charges levied by your local authority (pertaining to planning or building control), drainage CCTV surveys, structural engineer's design, interior design, discharge of planning conditions, details and calculations, party wall surveying and build over agreement applications;
  2. additional information or details required to be produced from a party wall surveyor, if relevant;
  3. additional reports or the hiring of additional professionals if requested or recommended by your local authority;
  4. any additional construction junction details and specialist detailing required in addition to the building regulations package;
  5. preparation of electrical and lighting plans;
  6. submission of the build over agreement, if you are excavating or constructing in close proximity to a public sewer.
12. Building regulation services in Wales and Northern Ireland and Building Warrant services in Scotland require different procedures, and attract a small cost premium. This premium will be reflected in the quotation.
13. Priority Building Regulation Applications. Should you decide to start the building regulations process when you are still awaiting planning approval to accelerate timelines, note that there may be incremental costs due to required redesign work, time lost due to 3rd parties delays, or refusals. These needs are beyond our control and therefore we will charge you as such.
14. Contractor Handover: We provide a free one hour verbal interaction between our team and the appointed contractor on your project. We find this to be beneficial for all parties and can minimise costly delays and errors on site.
15. Build-Over Agreement. Our building regulations services will provide you with all the information and links that you need to progress a build over agreement, unless noted otherwise. Our building regulations service is not inclusive of the submission of the build over agreement application or any associated costs. This additional service can be provided by us on your behalf, including the submission and acting as your agent throughout the process. The fee payable to the relevant statutory body will be your responsibility.
16. Below ground services. We partner with a specialist Underground Utility Search Engineer who can provide a desktop underground utility report (sometimes known as statutory undertakers report or STATS report) for anyone needing to locate buried underground utilities such as electricity cables, gas pipes, water mains, sewers etc. This may be necessary at the acquisition, feasibility, design or construction phase of a project. The fee payable to any relevant statutory body will be your responsibility.
17. Construction Junction Details. Our building regulations service provides our clients with a detailed design build up of all walls, floors and roofs to ensure compliance is achieved. Any building regulations service does not include construction junction details. If these are required or requested by any party, this will be charged to you at a pre-agreed hourly rate.
18. Electrical and Lighting Plans. Our building regulations service provides you with a full specification of electrical apparatus and lighting, making allowances for all electrical works, internal lighting, fixed external lighting and smoke detection. The building regulations package does not include an allowance for electrical and lighting design/plans. If required or requested by any party, this service can be provided by us, this will be charged to you at a pre-agreed hourly rate. In most cases, you would be involved in the discussion of any specific setting out with your contractor on site once you have decided on your precise internal configuration.
19. Construction services. We can offer any construction services you may need to complete your home project. However, any local authority charges (planning/building control), discharge of planning conditions, structural engineer's design, details and calculations, drainage CCTV surveys, interior design, party wall surveying and build over agreement applications are excluded as standard.
20. Approved inspector services. We are unable to offer an approved inspector services. We can of course advise on an approved inspector to support your project within England and Wales but not in Scotland or Northern Ireland. Your designer will be able to run through your options in your consultation.
21. Building costs. Advice given for the actual build cost is for guidance only. The price can be subject to market conditions, contractor selection, property accessibility, project duration, desired level of finish, and your personally selected specification items like floor coverings, kitchen units, appliances, heating systems, doors and windows etc.
22. Valuations. Any valuation advice is given for guidance only. The guidance given is based on national, local and government statistics. Property valuations can be subject to numerous factors such as market conditions, quality of finish, historic sales prices, nearby features and the size, appeal, age and condition of your home.
23. Legal matters. We will not review the ownership of land and legal matters such as wayleaves (right of way granted by a landowner) or easements of light or air (right to sunlight or air) unless specifically requested to do so.
24. Party Wall Act. We can provide a support service fee to help you develop an initial notice to share with your neighbour. We are unable to act as a party wall surveyor, but can support you in finding and appointing a party wall surveyor to draw up a ‘party wall award’ with your neighbours if required. Party wall agreements are often a protracted, contentious and costly activity. There is a high potential for escalating fees that are not in our control.
25. We are not responsible for any building work. We will not be responsible for any building work carried out at your property or site.
26. Planning Supervisor. The services do not include that of a Planning Supervisor and, as client, you are responsible under the CDM Regulations 2015 for appointing a Planning Supervisor in relation to the works. Should you require us to do so, we can recommend to you organisations who can provide the role of Planning Supervisor.
Expert Measured Survey and Existing Drawings Drafting
1. Measured survey. In the event that our in-house team can not attend a measured survey, and you aren’t confident in taking the measurements yourself, we will advise you on finding a local residential surveyor to carry out the survey on your behalf. We accept no responsibility for the services provided by an independent residential surveyor.
2. Should you have any pets at home, please let us know in advance, and ensure that someone is on site to handle them during the time one of our team members is at your property.
3. We ask for 48 hours warning if you need to cancel or reschedule a survey. Late notice may incur a charge up to the full amount for the survey, depending on circumstances and surveyor availability.
4. Please ensure your home is accessible so our team can work quickly and efficiently.
5. If you choose to conduct a self-survey, our survey pack will provide you with the needed materials and guidance to be able to collect the required information and measurements to produce existing design drawings for your property. You will be responsible for ensuring that all information provided is accurate and checked as we will not take responsibility for any miscalculations or inaccurate measurements. But, don’t worry, if you are struggling, our experts are happy to guide you through the process so that it is as easy as possible for you to collect all the measurements we need.
6. Travel. Due to travel distances from our seven UK studios, properties in the Scottish Highlands, Islands and Somerset, Cornwall & Devon and Northern Ireland are not available.
Professional Indemnity Insurance
1. We offer a standard level professional indemnity cover of £250,000 related to any claim made in respect of our services.
2. Subject to payment of an additional premium, we can offer enhanced cover to a £500,000 maximum level. This can be added to the overall cost of your order at any stage by requesting through your designer.
3. The cover provided will not include any form of Structural Warranty or Warranty relating to the structural integrity or water tightness of any basement proposal. It is important that you obtain separate Structural Warranties for any structural works or basement works which may be carried out. We can help you arrange this cover through our network of professional service partners.
Your rights to make changes
If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, 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 clause 12- Your rights to end the contract).
1. Copyright
  1. All intellectual property rights (including copyright) in or arising out of or in connection with the services (other than any intellectual property rights in any materials provided by you) shall belong to us.
2. Our rights to make changes
  1. Minor changes to the services. We may change the services:
    1. to reflect changes in relevant laws and regulatory requirements; and
    2. to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
  2. More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
3. Providing the services
  1. When we will provide the Services. We will begin the services in accordance with the period specified in the quotation and once payment has been received. A small fee can be paid to prioritise your order if you are in a rush to start your project.
  2. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control 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 the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
  3. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 14.2 will apply.
  4. What will happen if you do not give required information to us. We may need certain information from you so that we can provide the services to you. If so, this will have been stated in the description of the services on our website. We will contact you in writing to ask for this information. 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 14.2 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 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.
  5. Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
    1. deal with technical problems or make minor technical changes;
    2. update the services to reflect changes in relevant laws and regulatory requirements;
    3. make changes to the services as requested by you or notified by us to you (see clause 9).
  6. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
  7. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 16.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will give you 7 days notice of our intention to suspend. We will not suspend the services where you dispute the unpaid invoice (see clause 16.8). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 16.7).
4. Your rights to end the contract
  1. You can always end your contract with us. Your rights when you end the contract will depend on the services you have purchased, whether there is anything wrong how we are performing and when you decide to end the contract:
    1. If what you have purchased is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 15;
    2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
    3. If you have just changed your mind about the services, see clause 12.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
    4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 12.6.
  2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 12.2.1 to 12.2.5 below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
    1. we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 10.2);
    2. we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
    3. there is a risk that supply of the services may be significantly delayed because of events outside our control;
    4. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28; or
    5. you have a legal right to end the contract because of something we have done wrong.
  3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services 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, are explained in more detail in these terms.
  4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
  5. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the 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.
  6. Ending the contract 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 12.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract 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 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.
5. How to end the contract with us (including if you have changed your mind)
  1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
    1. Phone or email. Call customer services on 0330 380 1443 or email us at contact@homeandmaker.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    2. Online. Complete the contact form on our website.
    3. By post. Simply write to us at Home & Maker Ltd, 84 Great Suffolk Street, London, SE1 0BE, including details of what you bought, when you ordered or received it and your name and address.
  2. How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
  3. 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 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.
  4. 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 will be made within 14 days of your telling us you have changed your mind.
6. Our rights to end the contract
  1. We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
    1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
    2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
    3. you do not, within a reasonable time, allow us access to your premises to supply the services;
    4. any abuse or aggression by you to our team
  2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for 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.
  3. We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 7 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
7. If there is a problem with the services
  1. How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 0330 380 1443 or write to us at Home & Maker Ltd, 84 Great Suffolk Street, London, SE1 0BE
  2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
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Summary of your key legal rights
        This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
        For services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:
        a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
        b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
        c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
        See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
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    1. Price and payment
      1. Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on our quotation. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 16.4 for what happens if we discover an error in the price of the services you order.
      2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
      3. Zero rated VAT. VAT is applicable to all professional services. For construction work to be zero rated for VAT it must qualify as a genuinely new, self-contained house or flat. Guidance on VAT can be found at https://www.gov.uk/vat-builders/new-homes.
      4. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the 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 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 accept your order. If we accept and process your order where a pricing error is obvious and unmistakable 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. All of our prices are subject to change due to specifics relating to your project. Therefore, orders are not considered confirmed until a consultation call has been concluded.
      5. Additional services. Additional services other than those set out in the quotation may be required. These additional services will be added to your pre-agreed payment plan in the project drawingboard.
      6. When you must pay and how you must pay. We accept payment with Visa, Visa Electron, Mastercard, Maestro, Applepay and Google Pay. Our staged payments are broken down into four convenient stages: (1) existing drawing development; (2) proposed drawings and planning submission pack; (3) building control pack; and (4) build phase support services. We will not start any work on the next stage of your services without your express notice.
      7. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
      8. What to do if you think an invoice is wrong. If you think an invoice 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.
    2. Our responsibility for loss or damage suffered by you
      1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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.
      2. 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; for breach of your legal rights in relation to the services; supplied with reasonable skill and care.
      3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
      4. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. How we may use your personal information
      How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
      1. Other important terms
        
        We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
        
        You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
        
        Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 19.2 in respect of our guarantee. 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.
        
        If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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, 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 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 are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
        
        Alternative dispute resolution. Any dispute or difference arising out of this contract or our provision of the services may be referred to mediation with the assistance of a single mediator appointed by CEDR by either of us and any such mediation shall be conducted in accordance with the mediation and agreement of CEDR current at the date of the dispute or difference arising.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate