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DESIGN SERVICES AND CONSULTATION TERMS & CONDITIONS

CLIENT CONTRACT

The purpose of this contract is to define the terms of agreement, scope of work and the payment agreed upon by each party. The design concept and the implementation shall include all interior spaces as described in the scope of work below.

These Terms and Conditions apply to all Services provided by us, Nina Quinney I.D., a sole propriety company registered in the Chamber of Commerce of Varese, Italy under number 08350730969 and member of the Italian Association for the Interior Designers AIPi, whose legal registered address is Frazione Monteggia 20, Laveno Mombello VA, operating legally in accordance with the governing law of 14 January 2013, n.4 (G.U. n.22 of 26-1-20213), (referred to as “Designer/We/Us/Our”).

 1. Definitions and Interpretation 

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1.1 In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:

  • “Consumer” is as defined in the Codice del Consumo (D.lgs. 206\2005) by the governing laws of Italy;

  • “Contract” means the contract formed between you and us, as detailed in clause 2;

  • “Client/You/Your” means you, the Consumer, firm or corporate body purchasing the Services;

  • “Products”, where applicable, means the products or services, including e-products such as e-brochures, images and sketches, to be provided by us to you as detailed in our Proposal or as ordered by you via our Website;

  • “Proposal” means our estimate for providing the interior design Services, which unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of works. This may be by way of a formal fee proposal or an email confirmation;

  • “Services” means the interior design services to be provided by us by the Italian governing law of 14 January 2013, n.4 (G.U. n.22 of 26-1-20213) to you as detailed in our Proposal; 

  • “Website” means www.ninaquinney-idstudio.com

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1.2. Each reference in these Terms and Conditions to: 

  • “writing” and “written” includes emails and phone texts; 

  • a statute or a provision is a reference to that statute or provision as amended or re-enacted at the relevant time; 

  • “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time; 

  • a "clause" is a reference to a clause of these Terms and Conditions; 

  • a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

  • the headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.

  • words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender. References to persons shall include corporations.

 2. How the Contract is Formed

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2.1. These Terms and Conditions govern the sale of all Services and Products provided by us and will form the basis of the Contract between you and us. 

2.2. E-Design Consultation (Project/Package) is a consultation service only. All recommendations are regarded as suggestions to improve the look of your space and not intended for construction purposes.  Designer makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the Design Concept. The design scheme is provided “as is” without expressed or implied warranty of any kind. Designer disclaims all warranties with regard to the design scheme including all implied warranties of merchantability and fitness for a particular purpose.

2.3 Client agrees to provide full information regarding the Client’s requirements for the Project at initial interview.

2.4. Estimates of fixed costs prepared by the Designer represent the Designer’s best judgment as a professional familiar with the industry. The Designer does not have control over manufacturers, labourers, delivery, or showroom costs and accordingly, cannot and does not warrant or represent that prices will not vary from the prepared estimates.  In no event shall either party be liable for any consequential, special, punitive, exemplary, or indirect damages, including but not limited to any damages for anticipated profits, loss of revenue, economic loss, cost of procurement of substitute goods or services, loss of use of goods, or interruption of business or personal affairs, arising in any way out of this Agreement, under any theory of liability in contract, tort, or otherwise. These limitations shall apply notwithstanding the failure of the essential purposes of any limited remedy. 

2.5. Designer’s total liability for any cause of action related to this Agreement shall be exclusively limited to and shall not exceed the fees received by Designer for the performance of Services under this Agreement.  The foregoing right to monetary damages shall be in lieu of all other remedies which Client may have against Designer.

2.6. Client agrees to indemnify, defend and hold the Designer harmless to the fullest extent permitted by law from and against any third-party claims, losses, liabilities, damages, costs and expenses relating to or arising out of the negligence, failure and/or acts or omissions on the part of Client or any architect, vendor, supplier, contractor or agent hired or retained by Client.

2.7. Client agrees to correspond strictly through online communication with the exception of agreed upon phone call/s as per package details.  

2.8. Designer does not incur any responsibility for quality or construction of purchased or fabricated items, nor any responsibility for delivery times or lead times for fabrication, installation, or safety precautions in connection with the Project or for the acts or omissions of the contractor or any subcontractor, supplier, vendor, store, or other person performing the work or providing product on the Project; (including any recommended by Designer), or for any failure of them to meet any schedules or completion dates as any of them are independently-owned and operated separately from Designer. Client to verify fit of each recommendation and verify item (s) can deliver into room through elevators, doors, passage clearances, etc. and within the space (pipes, base trim, window heights, etc.).  Client and contractor are responsible for review and verification of dimensions or quantities. Designer has no control over market conditions, availability of labor, contractor or fabricator’s method of pricing or construction.

2.9. Designer will perform the services in good faith but cannot be responsible for the performance, quality, or timely completion of work by any third parties. Designer shall not be responsible for any changes to the Project that the Client or Contractor(s), as applicable, make without informing Designer.  Designer shall not be responsible for ensuring that any contractor or architect is duly-licensed, nor liable for any act or omission of any third-party or manufacturer, including mistakes, delays, or incomplete orders. Designer shall have no liability for the design of structural, electrical, plumbing, heating or other mechanical systems that exist or might be needed.  The Designer shall not be responsible for any act or omission of any third-party, including but not limited to schedules or failure to install the work in accordance with the contract documents. The Designer shall not be liable for any damage to the Premises, Client’s property, or its personal belongings due to the act or omission of hired labourers, contractors, carpenters, plumbers, electricians, installers or other tradespeople.

2.10. Client is responsible for necessary permits and approvals from building management for proposed designs and construction.  Client is also responsible for providing a place to receive, unpack, and store products prior to installation, and for providing approvals expeditiously.

2.11. Designer cannot be held responsible for arranging repairs, replacement or freight claims for purchases made in conjunction with recommendations for Project.  

2.12. By paying Designer, you agree to these terms and conditions. 

3. Products

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3.1. Design Boards & Proposals. Client acknowledges that Designer’s design boards and proposed specifications, including the design scheme, may include written materials or documentation that describe, support, or engender concepts, ideas, instructions, samples, related materials or documentation, photographs, drawings, schematics and copies of the foregoing, all of which may be subject to copyright, patent, trademark, right(s) of publicity and/or attribution rights (collectively, “Proprietary Rights”). Designer hereby reserves all right, title and interest in and to such Proprietary Rights, whether registered or registerable, patented or patentable. Client agrees to not challenge the validity or enforceability of Designer’s Proprietary Rights. Proposals and the Design Concept are proprietary and exclusive to Designer, and Client shall not copy, distribute, or make Proposals available to any third party without Designer’s express written permission. Under no circumstances shall Client alter or remove, efface or obscure any trademarks, labels or other proprietary notices, except with Designer’s express written permission. Client shall have the unlimited right to the quiet use and enjoyment of the results and proceeds of the Design Concept in the Project and any Proprietary Rights embodied therein upon completion of the Project by Designer. Designer’s drawings are conceptual in nature and are intended to set forth design intent, they are not to be used for architectural or engineering purposes. Services do not include modifications to structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project.

3.2. Photographs. Client agrees to allow Designer to photograph the Project during all stages of development, including after project completion, and use the photographs or any part thereof in connection with any marketing, promotional and/or advertising campaigns of Designer.  Photographs will be used for business purposes and will not disclose Client’s name without prior consent.

3.3. Marketing. Client hereby grants Designer permission to include a description of the project in any marketing, promotional and/or advertising campaigns, and Designer shall obtain permission from Client prior to using Client’s name and/or street name.

3.4. We make all reasonable efforts to ensure that all descriptions and illustrations of Products available from us correspond the the actual Product that you will receive. Please note, however, that images shown on our Website or in our marketing literature are for illustrative purposes only. There may be slight variations between the image of an item and the actual Product sold due to differences in computer displays and lighting conditions.

4. Scope of Work

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4.1. We offer two (2) different design packages - “Designer’s Full Package” and “E-Design Complete Package”; and they each include different products and services as follows:

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a. Designer’s Full Package (hybrid online and in-person services):

  • INITIAL DESIGN MEETING - a virtual kick-off meeting to review your project details with Designer, up to 30 minutes. 

  • SITE VISIT - Designer will visit your property in person, time during which she will collect all necessary measurements and initial photographs. 

  • CONCEPT DESIGN - Designer will elaborate a full design project that will be showcased to the Client in person. Such design project will include:

Concept board, moodboard, sketches of the preliminary floor plans and finishes, material selections, material samples, 3D renderings, a to do list and a suggestions list.

  • CLIENT ASSISTANCE WITH MATERIALS AND FURNISHING PURCHASE  - Designer will accompany the Client to various showrooms for the purpose of selection and purchase of all selected items for the design project. 

  • DESIGN DOCUMENTATION HANDOVER - Designer will personally deliver and present all aspects of the design project, handing over a hard copy of the work executed. 

  • PROFESSIONAL PHOTOGRAPHY SERVICE - Designer will provide a full set of professional photographs of the project to the Client, to be executed once the project is complete. 

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b.  E-Design Package (online only):

  • INITIAL DESIGN MEETING - a virtual kick-off meeting to review your project details with Designer, up to 30 minutes.

  • DESIGN & MATERIAL BOARD(S) - quality images of all furniture, lighting and decor, including any paints, wallpaper, fabrics, window treatments, and flooring selected.

  • FLOOR PLAN - a layout of all furniture and lighting placements to help you visualise the flow of your room. This file contains embedded links to the online retailers where you can easily purchase your furnishings. 

  • 3D RENDERINGS of your space that you can use to preview your finished project (max 3 views depending on the project).

  • TO DO LIST - detailed guidelines on implementing your new design.

  • A SUGGESTIONS LIST with advise on how to get more out of your space (use of lighting, fabrics, colors, etc.)

  • DESIGN REVIEW MEETING - a 30 minute virtual final meeting during which your Designer will discuss the work executed and add finishing touches.

 

4.2. In dependance of the project type selected (see 4.1) during the form fill out, only the corresponded services shall apply. Variations shall be subject to extra fees. 

5. Timing

 

5.1.

a. “ Designer’s Full Package” - This package shall be delivered to Client upon mutual written agreement and shall be specified in a custom L.O.A. in dependance of the size and complexity of the project. 

b. "E-Design Package” - This package shall be delivered to Client within 20 - 30 business days from payment confirmation, unless otherwise specified. We will contact you via phone/email for a follow-up and give you an expected timeline for you to receive your e-design package. 

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6. Fee & Payment Terms 

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6.1. Fee:

For the interior design service packages previously described, the Designer shall inform the client via online communication of all fees in detail.

6.2.  We reserve the right to request 100% of the quoted fee up front at our sole discretion.

6.3. The Services will be deemed complete once our design has been provided to Client.  If you require further support, this will be chargeable at our standard hourly rate.

6.4. Additional design services will be billed to the client at the hourly rate of € 200 + VAT where applicable, unless otherwise agreed. These services include, but are not limited to: additional design revisions, item ordering, delivery coordination, shopping services, construction plans, site visits, etc. 

6.7. No refunds on any packages are allowed once a design has started or anytime after 24 hours have passed from the payment confirmation. 

6.8.  No full or partial refunds will be given for delays on the part of Client.

7. Client expectations 

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7.1. Responding in a timely matter to any Designer's requests of information and confirmations/approvals. (Within 48 business hours).

7.2. If requested, emailing your designer any measurements, actual room photos, house or exterior photos and inspiration photos. 

*Use our Measurement Guide provided on our website for more information on measurements and images needed.

7.3 Client is to be held responsible for purchasing the suggested products.

7.4. Client is to be held responsible for executing the proposed interior design project. 

8. Governing Law and Jurisdiction

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8.1. These Terms and Conditions (and the Contract), including any non-contractual matters and obligations arising from them or associated with them, will be governed by, and construed in accordance with, the laws of Italy.

8.2. Any dispute, controversy, proceedings or claim between us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising from them or associated with them) will fall within the jurisdiction of the courts of  Varese, Italy.

By filling and submitting the design form through our website www.ninaquinney-idstudio.com you acknowledge and agree to the Terms and Conditions outlined herein with exceptions none.

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