TERMS AND CONDITIONS

Our terms

  1. THESE TERMS
    1.1 What these terms cover. These are the terms and conditions on which we supply products to you
    (“products”).
    1.2 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 products 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.
    1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
    ” You are an individual; and
    ” You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
    1.4 If you are a business customer this is our entire agreement with you. If you are a business customer
    these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    2.1 Who we are. We are Creating Spaces Group Ltd a company registered in England and Wales. Our company registration number is 12041475 and our registered office is at Engineers Works Wakefield Road, Copley, Halifax, England, HX3 0TP. Our registered VAT number is 332 3517 30.
    2.2 How to contact us. You can contact us by telephoning our customer service team at 01422 355425 or by writing to us at Engineers Works, Wakefield Road, Copley, Halifax, HX30TP. Email: hello@creatingpacesgroup.com 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.
    2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes
    emails.
  3. OUR CONTRACT WITH YOU
    3.1 How we will accept your order. Our acceptance of your order will take place once we have received a cleared non-refundable deposit from you as stated on quotation, a receipt will be sent to you confirming your deposit, your contract with Creating spaces starts upon a complete sign off.
    3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and state the reasons as to why.
    3.3 Your order number. We will assign an order number which will be shown on your receipt.
    3.4 We only sell to the UK. Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
  4. OUR PRODUCTS
    4.1 There could be several reasons why the products on display in our showroom might differ from the quotation provided. For example, product updates, discontinued items, product upgrade/down grades, product not on display. The part number and or product description is the product we have quoted and supplied.
    4.2 Products may vary slightly from their pictures. The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
  5. YOUR RIGHTS TO MAKE CHANGES
    If you wish to make a change to the product you have ordered please contact us in writing. 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 product, 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.
    5.1 Creating Spaces reserve the right to refuse any request to change products.
  6. OUR RIGHTS TO MAKE CHANGES
    6.1 Minor changes to the products. We may change the product:
    6.1.1 to reflect changes in relevant laws and regulatory requirements; and
    6.1.2 to implement minor technical adjustments and improvements, for example to address a security
    threat. These changes will not affect your use of the product.
  7. INSTALLATION OF THE PRODUCTS
    7.1 When we will install the products. During the order process we will let you know when we will supply and install the products, explaining the order of works via a trades schedule document.
    7.2 When we are only supplying products and not directly charging for installation we will not be held responsible for any delays from subcontractors you have chosen to use through our recommendation. We do not have influence over their fitting calendars and delays out of Creating Spaces Group Ltd control
    7.3 Orders can not be cancelled or amended post sign off.
    7.4 We are not responsible for delays outside our control. If our supply and installation of the products 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 minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
    7.5 In the event Creating Spaces are delayed supplying and/or install due to delays caused by yourselves/contractors we may:
    7.5.1 Ask to deliver the goods in full and collect payment (supply only projects). To be discussed on a jobby-job basis with our operations director
    7.5.2 Continue to store goods but collect payment (supply only projects). To be discussed on a job-by-job basis with our operations director
    7.5.3 Continue to store goods but cross charge storage at £500.00 per week (supply only projects). To be discussed on a job-by-job basis with our operations director
    7.5.4 Continue to store goods but collect part or full payment due to delays (Installation projects) To be discussed on a job-by-job basis with our operations director
    7.6 In the case of significant product delays, alternate products will be offered to fulfill your order.
    7.7 If you do not allow us access to provide services. If you do not allow us access to your property to install the products as arranged, we may charge you additional costs incurred by us as a result.
    7.8 Any additional electrical, plumbing, or plastering work which is not part of the agreed contract will be charged direct from the contractor to you.
    7.9 All flooring quotations are based on what can been seen prior to the project starting. Once the ripout has started if the subfloor is not fit for purpose and additional work is required i.e screed, this will be additions to the original contract and charged accordingly.
    7.10 If you (the customer) are supplying any product(s)/appliance(s) and you would like somebody from Creating Spaces Group Ltd to install the item we do not take any responsibility if this item becomes damaged. In the event something is damaged this is at your own risk, as the product isn’t part of the agreed contract and there will be no deduction off the agreed contract price.
    7.11 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
    7.12 When you own goods. You own a product which is goods once we have received payment in full.
    7.13 What will happen if you do not give required information to us. Creating spaces can not be held responsible for any delays caused by misinformation, such things include anything arranged by you, examples of this include, boilers, heating manifolds, flooring, and any external building works.
    7.14 reasons we may suspend supply of products to you. We may have to suspend the supply of product to:
    7.15 deal with a technical problem or make minor technical changes
    7.15.1 update product to reflect changes in relevant laws and regulatory requirements;
    7.16 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts.
    We will contact you to tell you we are suspending supply of the products. Creating Spaces may charge you for any costs incurred due to any delay in payment.
  8. YOUR RIGHTS TO END THE CONTRACT
    8.1 You have the right to end your contract if any products supplied are faulty.
    8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided or have not been provided properly. The reasons are:
    8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.4);
    8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  9. HOW TO END THE CONTRACT WITH US
    9.1 Your contract can not be ended after a full in detailed ‘sign off’ has taken place. At this point products will have been ordered to fulfill your order. In the case of the below points we may be able to offer partial refunds. You must supply in writing the need and reason for ending your contract before any considerations can be made.
    9.2 Orders placed by Creating Spaces can be returned at no cost to ourselves.
    9.4 Orders have yet to be placed by us.
    9.5 If you are entitled to a refund, your refund will be made within 14 days.
  10. OUR RIGHTS TO END THE CONTRACT
    10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
    10.1.1 you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
    10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, availability for installation or delivery.
    10.1.3 you do not, within a reasonable time, allow us access to your premises to supply the services and deliver the products to you.
  11. IF THERE IS A PROBLEM WITH THE PRODUCT
    How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01422 355425 or email us on hello@creatingspacesgroup.com. Alternatively, please speak to one of our staff in-store. Creating Spaces will respond to any complaint in writing within five working days.
  12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
    12.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your 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.
    If your product is goods, for example kitchen furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
    up to 30 days: if your goods are faulty, then you can get an immediate refund.
    up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
    up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
    If your product is services, for example installation of the goods, the Consumer Rights Act 2015 says:
    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.
    if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
    if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
  13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
    13.1 If you are a business customer we warrant that on delivery, any products shall:
    13.1.1 conform with their description;
    13.1.2 be free from material defects in design, material and workmanship;
    13.1.3 be fit for any purpose held out by us.
    13.2 Subject to Clause 13.3, if:
    13.2.1 you give us notice in writing within 3 days of delivery that a product does not comply with the warranty set out in Clause 13.1; and
    13.2.2 we are given a reasonable opportunity of examining such product;
    we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
    13.3 We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
    13.3.1 you make any further use of such product after giving a notice in accordance with Clause 13.2.1;
    13.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
    13.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you;
    13.3.4 you alter or repair the product without our written consent; or
    13.3.5 the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.
    13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
    13.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.
  14. PRICE AND PAYMENT
    14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as set out in your quotation.
    14.2 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’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 product’s correct price at your order date is higher than the price stated
    in our price list, 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 and refund you any sums you have paid.
    14.5 When you must pay and how you must pay. We accept all payment types. You must pay the deposit, upon acceptance of quotation. Your payment terms will be explained by your sales representative. Delivery
    balance is due upon start of works.
    14.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    14.7 What to do if you think an invoice is wrong if you are a consumer. If you think an invoice is wrong please contact us promptly to let us know.
  15. 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.
  16. INSOLVENCY IF YOU ARE A BUSINESS
    18.1 In circumstances where you are a business and you:
    18.1.1 make any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction); or
    18.1.2 you cease or threaten to cease to carry on business,
    18.2 we may, without prejudice to any other right or remedy available to us, be entitled to cancel this contract or suspend any further deliveries under this contract. Where the products have already been delivered but not paid for, the price quoted shall immediately become due and payable and we shall have the right to enter your premises to recover possession of such products and recover all damages and losses sustained as a result.
  17. OTHER IMPORTANT TERMS
    19.1 Although we will always check the consumer unit and advise if replacement is needed, regulations are always changing. If you need an upgrade or new consumer unit and this is not within the agreed quotation this would be an additional cost paid directly to the electrician
    19.2 As part of your project, we may ask you to supply or for one of our agents to visit your home to obtain
    images of your finished project, to use for marketing reasons, in this case your approval will be seeked prior to any such visit being agreed. Such details as Name, Location and other details can and will be undisclosed at your own discretion, you must inform us prior to any publication if this is your wish.
    19.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if this affects any conditions of our guarantee. Your guarantee’s will vary as per supplier individual guarantee’s, please refer to suppliers website’s for your individual guarantee’s. Creating Spaces will offer you guarantee’s for the work and products upon sales process.
    19.4 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.
    19.5 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.
    19.6 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 products, we can still require you to make the payment at a later date.
    19.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
    These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    19.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim
  18. COMPLAINTS
    20.1 Creating Spaces reserve the right to deal with any complaints or disputes internally following our complaints procedure, subject to this any online reviews must be withheld until a full and complete service has been provided by Creating spaces, by agreeing to this you must allow Creating Spaces to deal with your complaint internally, sourcing and obtaining a resolution to your dispute. Further to this any online review
    left outside of this agreement must be amended or removed in accordance with this agreement.
    20.2 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Furniture Ombudsman via their website at
    https://www.thefurnitureombudsman.org. The Furniture Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
    BATHROOM PROCESS
    1 FITTING OPTIONS
    At Creating Spaces when purchasing a bathroom from us we primarily offer our supply process, this is available as two options:
    1.1 you can organize your own fitter to fit the project, this involves us delivering the
    purchased bathroom goods to site on a previously organized date upon the final 80%
    payment.
    1.2 You can choose to use one of our recommended fitters who have fit jobs for us
    previously.
    2 RECOMMENDED FITTER
    2.1 When we recommend a fitter this is someone who has fitted bathrooms for us previously
    and/or who’s work we approve of and recommend. As the fitter is paid directly by yourself for the installation of your bathroom, your fitting guarantee is held directly with the fitter. Any snags or issues in the future are to be resolved directly with the fitter paid for the installation. In using one of our recommended fitters we will provide you with their contact details upon receipt of the deposit as they will be your main point of contact during the fitting process. The recommended fitter will then be provided with a full set of plans and elevations and list of items to be supplied by ourselves, the fitter and or Creating Spaces will then organize for the fitter to attend a pre-fit survey to see the project. From here the fitter will provide a detailed quote based on the estimate given by ourselves and a more
    accurate fitting date and time scale for the work.
    2.2 Alongside your supply only quote from Creating Spaces we will provide you with an estimated fitting cost, this is based on our knowledge of the recommended fitters approximately day rate, length to complete the project and complexity of the design. This estimate is based on what we can see with regards to the current state of the room, unfortunately as with all projects minor issues can arise during rip out and fitting such as areas needing replastering or flooring to be replaced. If the recommended fitter discovers issues such as these during the project they will provide you with photographs and details on how to solve the problem, if these issues haven’t been included in your original fitting quote provided by the fitter then these will be at an additional cost payable by yourself to the fitter, this will include any extra materials needed and labour to fix the issues.
    2.3 Provided with the fitting estimate we will advise of an estimated time scale for the fitting,
    with the finalized fitting date confirmed by the fitter following the pre-fit. Unfortunately, we do not have control over the fitters calendar, any delays in the commencement of the rip out or fitting are the responsibility of the recommended fitter to handle and notify yourselves about.
    2.4 The recommended fitter used is responsible for buying and supplying any plumbing/building materials needed and for supplying a skip for the project where suitable, this will be included in the fitting quote provided by the fitter.
    2.5 Following the fitting, the recommended fitter is responsible for any snags or repairs and the fitting work is guaranteed by the recommended fitter not Creating Spaces. Although Creating Spaces has a pool of recommended bathroom fitters we are not responsible for rectifying any snags or future repairs, for any outstanding snags or fitting issues which need addressing, please contact the fitter directly as your first point of call. For any product related issues please contact Creating Spaces directly to allow us to resolve your problem.
    3 COMMUNICATION BETWEEN RECOMMENDED FITTER AND CREATING SPACES
    3.1 Following the pre-fit survey by the recommended fitter they will agree a start date with
    yourself, the fitter will then notify Creating Spaces of the date. This allows us to coordinate the ordering and delivery of goods with the fitters timeline.
    3.2 After the pre-fit survey the recommended fitter will then advise of any changes that may
    need to be made to the design or any additions that we may need to supply.
    4 SIGN OFF MEETING
    4.1 Following the pre-fit survey and allocation of a fitting date by the fitter we will then organize with yourself for a final sign off meeting at the showroom, at this meeting we will confirm that you are happy with every item on the quote prior to the goods being ordered. This is the last opportunity to make any changes to the items ordered and to add or remove any items from the order.
    4.2 Please note, following this sign off meeting if any design changes are agreed on site between the fitter and the customer such as changing tile layouts or extending tiled areas, we will not be responsible for providing extra materials or for excess waste of tiles if different to the original design. Any additional items or tiles to be ordered due to a change in design will be available at an additional cost to the customer.
    4.3 Please note, when ordering tiles, flooring or wall panels industry standard is to order 10-15% extra (this is dependent on tile bond layouts) to allow for breakages and cuts during fitting and to ensure the customer has some spare tiles to keep hold of as spares for any future issues which may include removing tiles. Unfortunately, we are unable to accept returns and refund any tiles, panels or flooring left over at the end of an installation.
    5 PROJECT MANAGEMENT
    5.1 Unlike with our other departments, kitchens, bedrooms etc, Creating Spaces do not offer a project managed service for bathrooms as they are all supply only and are project managed by the paid fitter directly.