(A) Terms Of Use
These Terms of Use (together with the documents referred to in them) set out the terms and conditions on which the relevant MBR User ("You", "Your") may access and use our website www.mybespokeroom.com (our, or this, "Site") and the Interactive Services. Please read these Terms of Use carefully and ensure that You understand them before using our Site and/or the MBR Interactive Services.
By using our Site and/or any of the Interactive Services, You confirm that You accept these Terms of Use and that You agree to comply with them and with all applicable Legislation governing the Site and the Interactive Services. If You do not agree to these Terms of Use, You must not use our Site or the Interactive Services.
These Terms of Use form a legally binding agreement between You and MBR in relation to Your use of the Site and the Interactive Services. They apply to all MBR Users. If You violate these Terms of Use, MBR may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.
The Service Terms comprise these Terms of Use and our Terms of Sale. The Service Terms also incorporate and should be read in conjunction with the My Bespoke Room Privacy Policy and Cookie Policy, all of which shall collectively be referred to as the "MBR Terms". Unless otherwise indicated, defined terms used in these Terms of Use, the Privacy Policy and the Cookie Policy shall have the meanings given to them in the list at the end of the Terms of Sale.
Information About Us
www.mybespokeroom.com is a website operated by MY BESPOKE ROOM BUSINESS LIMITED ("MBR", "we", "us", "our"). We are registered in England and Wales under company number 14127821 and have our registered office at MY BESPOKE ROOM BUSINESS LIMITED 3rd Floor 86-90 Paul Street London EC2A 4NE. Our VAT number is 413240546.
As a host advertiser and provider of affordable and accessible interior design services and solutions, MBR aims to facilitate an online venue for MBR Members to interact with MBR and use an interactive, bespoke and personal service to produce tailored and inspirational interior design options and recommendations.
Accessing Our Site and Site Availability
Our Site is made available free of charge for Your non-commercial use on the terms and conditions set out in these Terms of Use. However, You are responsible for making all arrangements necessary for You to have access to our Site.
We do not guarantee that our Site, or any content on it or the Interactive Services, will always be available. Access to our Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Site without notice or liability. We will not be liable to You if for any reasons our Site is unavailable at any time or for any period.
MBR does not warrant the validity and accuracy of information on the Site, the Interactive Services, third party websites linked to in the Site, or that the Site is kept up-to-date. You acknowledge that the Site is provided to You over the internet and relies on unrelated third parties such as Site hosting providers, network providers etc the activities of which are outside of MBR's reasonable control. MBR shall use reasonable efforts to ensure that the Site, the Interactive Services and any information it holds on You are kept secure. However, due to the nature of the internet, MBR does not represent or warrant to You that:
Your use of the Site and/ or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any UGC or MBR Content, search or link on it;
any information obtained or downloaded by You as a result of Your use of the Interactive Services (including via third party website links) will be accurate, reliable or free of viruses or contamination or destructive features;
Your shared UGC will not be used by a third party in various ways on or off the Site; and
there will not be any defects in the operation or functionality of any software provided to You as part of the Site.
You are also responsible for ensuring that all persons who access our Site through Your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Registering for an MBR Account and Accessing the Interactive Services
In order to make use of the Interactive Services, MBR Users must register to become MBR Members and make use of a MBR Account which shall be accessible by way of a MBR Login. For the avoidance of doubt, You shall have no access to most of the functionality offered by the Site and the Interactive Services if You choose not to register.
The Interactive Services may include (without limitation and at MBR's sole discretion) the ability to:
register to become an MBR Member with a MBR Login;
have access to a MBR Account accessible via a MBR Login where You can store and access Your MBR Portfolio Items;
fill out a pre-determined online MBR Brief and submit it to MBR for MBR to provide the MBR Interior Design Services;
take part in discussions and receive or give advice in respect of Your MBR Mood Board via telephone, skype or our integrated chat function, as can be arranged in advance between You and us;
access any resources posted by our interior design experts, such as know-how by way of guides, tools, information and links; and
purchase Products via the MBR eStore,
and such other features as MBR may add or amend from time to time at MBR's sole discretion and without prior notice.
If You are registering on behalf of a business entity (which You may do for non-commercial purposes only), You represent and warrant that You have authority to bind the entity to these Terms of Use. Without prejudice to Your warranty, we reserve the right to ask You for written authority from the business entity before registering any business entity.
Any Registration Information that You provide must be true, accurate and complete at all times. MBR reserves the right to decline any application for registration as an MBR Member at its sole discretion.
Once registered as a MBR Member Your email and password will represent Your MBR Login, which You can use to access Your MBR Account via the Site in accordance with these Terms of Use.
You will keep Your MBR Login relevant to the Site and the Interactive Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your MBR Login. We do not have the means to check the identities of MBR Members using the Site and will not be liable where Your MBR Login is unlawfully used by another. You agree to notify MBR immediately by email at theteam@mybespokeroom.com of any unauthorised use of Your MBR Login or Your MBR Account of which You become aware (with "IMPORTANT" in the subject line). You will not create additional MBR Accounts for the purpose of abusing the functionality of the Site or other registered MBR Members or for any other reason in breach of these Terms of Use.
Uploading Content to Our Site and/or the Interactive Services
To the extent this Site permits through the functionality of its Interactive Services and under these Terms of Use, MBR Members are able to upload and post UGC on this Site.
Whenever You make use of an Interactive Service or another feature that allows You to upload UGC to our Site, or to make contact with other MBR Users, You must comply with our acceptable use standards as set out below (see "Acceptable Use Standards"). You undertake that any UGC You submit complies with those standards and You will be liable for any loss or damage we suffer as a result of Your breach of this obligation.
You may delete UGC from the Site by clicking on the account deletion function available when logged into Your MBR Account.
You understand and acknowledge that You have no ownership rights in Your MBR Account and that if You cancel Your MBR Account or Your MBR Account is terminated, all Your information including but not limited to Your MBR Portfolio Items will be deleted from Your MBR Account and will be further deleted from any MBR archives except such information as may be necessary for us to retain, which we will do in accordance with our Privacy Policy.
The views expressed by other MBR Users on our Site do not represent our views or values and we will not be responsible, or liable to any third party, for the content or accuracy of any UGC posted by You or any other MBR User.
We have the right to remove any posting You make on our Site if, in our opinion, Your post does not comply with our acceptable use standards.
You acknowledge that messages sent over the internet (including the Site) are not encrypted and are not secure. Despite efforts to protect Your information (including Data), we cannot ensure or warrant the security of any information (including Data) You transmit to us, via, to, or from our Site. MBR does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. You transmit all information (including Data) at Your own risk.
Your Grant of a Licence to Your UGC to MBR
Any UGC You transmit or post on our Site shall be considered non-confidential and non-proprietary and we shall have no obligations with respect to such material. When You transmit, post or share UGC on our Site, You grant us and our assignees a worldwide, non-exclusive, royalty free transferable and sub-licensable licence to copy, disclose, modify, prepare derivative works of, distribute, incorporate and otherwise use (or not use, as the case may be) such UGC and all data, images, sounds, text and other things embodied therein for any and all non-commercial or commercial purposes (including but not limited to advertising, promotion and sale) ("Licence"). We also have the right to disclose Your identity to any third party who is claiming that any UGC posted or uploaded by You to our Site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
Unless it has already terminated for reasons such as those set out in these Terms of Use, the above Licence shall terminate where:
the MBR Terms terminate with regard to You for whatever reason;
Your UGC is deleted off the Site by You or MBR; or
Your MBR Account is terminated.
You warrant, represent and undertake to MBR that You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable MBR to use or display Your UGC in the manner contemplated by the Licence.
You hereby agree that by uploading or releasing any Data on or via the Site, You acknowledge that You are wilfully providing the same. You understand that if You release Your personal details or initiate contact on the Site, You do so at Your own risk and by doing so You will forfeit Your privacy and anonymity to the extent necessary to utilise the Interactive Services. MBR may release MBR Member information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity. Our Privacy Policy and Cookie Policy apply in full to Your use of the Site and the Interactive Services and contain further information about MBR's uses of Your Data.
Acceptable Use Standards
We will do our best to assess any possible risks for MBR Users (and in particular, for children) from third parties when they use any Interactive Services provided on our Site, and we will decide in each case whether it is appropriate to moderate the relevant Interactive Service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on our Site and the UGC posted on it, and we expressly exclude our liability for any loss or damage arising from the use of any of our Interactive Services, or the viewing of any UGC.
The use of any of our Interactive Services by a minor under the age of 18 is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online and potential risks to them.
When using our Interactive Services and posting UGC You must comply with the spirit of the following standards, which apply to each part of any contribution as well as to its whole.
UGC must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable Legislation in the UK and in any country from which they are posted.
UGC must not:
Contain any material which is defamatory of any person, be likely to deceive any person, or be used to impersonate any person, or to misrepresent Your identity or affiliation with any person.
Contain any material which is obscene, offensive, hateful or inflammatory or could be seen to incite, advocate or promote abusive behaviour or conduct or harassment or contain or promote any sexually explicit or violent material, or promote any illegal activity and/or racism, bigotry, hatred or physical harm of any kind against any group or individual.
Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Promote discrimination or harassment, be threatening, abusive, obscene, defamatory or libellous, or invade another's privacy, cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass alarm or annoy any other person, or otherwise constitute Inappropriate Content.
Be potentially harmful to minors or vulnerable adults.
Infringe any copyright, database right, trade mark or any other Intellectual Property Right of any other person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence (or promote, advocate or assist any such behaviour).
Give the impression that it emanates from, is approved or endorsed by or is in any way linked to us, if this is not the case.
Involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
Promote information that You know is false or misleading.
Contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
Display pornographic or sexually explicit material of any kind, or provide material that exploits people under the age of 18 in a sexual or violent manner, or solicit Data from anyone under the age of 18.
Solicit passwords or personal identifying information for commercial or unlawful purposes from other MBR Members.
Engage in commercial activities and/or sales without our prior written consent (such as, without limitation, contests, sweepstakes, barter, advertising and pyramid schemes).
Although MBR cannot monitor the conduct of MBR Members off the Site, it is a violation to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any MBR Member without their prior explicit consent.
You acknowledge that MBR has no obligation to monitor any UGC or other MBR Content provided by MBR Members or any third parties.
We will determine, in our discretion, whether there has been a breach of our acceptable use standards through Your use of our Site and we may take such action as we deem appropriate.
Failure to comply with these acceptable use standards constitutes a material breach of these Terms of Use upon which You are permitted to use our Site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of Your right to use our Site.
Immediate, temporary or permanent removal of any posting or material uploaded by You to our Site and disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Legal proceedings against You for reimbursement of all costs and damages (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate. We exclude all liability for any actions taken in response to breaches of these acceptable use standards.
Conditions of Use and MBR User Representations, Warranties and Undertakings
Subject to the following express restrictions, MBR grants You permission to access and use the Site and the MBR Interactive Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms of Use on Your part. To the extent applicable to You, You agree:
not to sell, license, rent, distribute or otherwise exploit any UGC or MBR Content for any other purposes without the prior written consent of MBR or the respective licensors of the UGC or the MBR Content;
not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the Site or the MBR Interactive Services, including but not limited to any UGC or MBR Content, in any medium without MBR's prior written authorisation, unless MBR makes available the means for such activity through the functionality offered by the MBR Interactive Services;
not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
not to establish a link to our Site in any website that is not owned by You;
if establishing a link to our Site in accordance with these Terms of Use, to do so only in a manner that is fair and legal and does not damage our reputation or take advantage of it, and provided that the Site in which You are linking must comply in all respects with our acceptable use standards;
not to alter or modify any part of the Site or any of the MBR Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
not to access UGC or MBR Content through any technology or means other than the Site itself or such other means as MBR may explicitly designate for this purpose;
not to access or attempt to use the MBR Code or MBR Login of other MBR Users or penetrate or attempt to penetrate MBR's security measures;
not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the MBR Interactive Services or features that (i) prevent or restrict use or copying of UGC or MBR Content; or (ii) enforce limitations on the use of the MBR Interactive Services or the accessible UGC or MBR Content;
not to use any area of the Site or the MBR Interactive Services for any commercial purposes, except for purchasing Products for personal use as provided for under the Terms of Sale. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the MBR Interactive Services. We reserve the right to block access to this Site with respect to any MBR User who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Terms of Use, or infringing MBR's rights;
not to use the Site to copy, store, host, transmit, send, use, publish, distribute or knowingly introduce any material which consists of (or is linked to) any spyware, viruses, rojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any MBR User of the Site or the MBR Interactive Services;
not to attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching certain provisions above, You may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Site will cease immediately;
not to post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for MBR to use or possess in connection with the provision of the Interactive Services; and
to keep Your MBR Login details secure and confidential.
Further, by using the Site, You warrant, represent and undertake that You:
will comply with all applicable Legislation and Codes of Practice;
will comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of Your use of the Site;
are solely responsible for any breach of Your obligations under the Terms of Use due to Your act, omission, default or Your failure to comply with any of Your obligations under the Terms of Use and for the consequences of any such breach or failure;
ensure all information provided to MBR in respect of Yourself (when applying to become a MBR Member or at any time thereafter) and in respect of the Site is true and accurate in all respects;
will comply at all times with the Terms of Use; and
are legally capable of entering into binding contracts and that You are eighteen (18) years old or above (or if not, that Your actions are led and supervised by a suitable guardian who is eighteen (18) years old or above).
We reserve the right to withdraw any linking permission to all MBR Users or on an individual basis without notice. If You wish to make any use of content on our Site other than as permitted above, please contact us via the contact information provided below.
Termination or suspension of Terms or of access to the Site and/or the Interactive Services
Each of the applicable MBR Terms shall remain in full force and effect to the extent that a MBR User (whether registered as a MBR Member or not) makes use of the Site and/or the MBR Interactive Services (including during which any UGC remains displayed on, or stored by, the Site) unless terminated by You or by MBR in accordance with the MBR Terms.
At MBR's sole discretion and without notice or cause and without prejudice to any other remedies available to MBR, MBR may at any time terminate these Terms of Use with You and/or Your MBR Membership and delete and terminate Your MBR Account, disable Your MBR Login and suspend or terminate Your access to the Site, the Interactive Services and MBR Membership privileges. This includes all MBR Memberships and MBR Accounts associated with You. If this occurs, any orders You have in progress will either be fulfilled or refunded, at MBR's sole discretion.
You acknowledge and agree that to improve the Site and/or the Interactive Services, MBR may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You generally at MBR's sole discretion, without prior notice to You.
MBR may modify or delete any UGC You have provided if MBR believes that that UGC is inconsistent with the Terms of Use or has violated the rights of MBR or a MBR Member. You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.
You agree that monetary damages may not provide a sufficient remedy to MBR for violations of the Terms of Use and You consent to MBR obtaining injunctive or other equitable relief for such violations.
You may cancel Your relationship with MBR at any time by requesting that MBR deactivates Your MBR Account and terminates Your MBR Membership by sending an email request to theteam@mybespokeroom.com with "URGENT – TERMINATION REQUEST" in the subject line. This process will take around forty-eight (48) hours to complete during Working Hours only.
Viruses
You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software. We do not guarantee that our Site will be secure or free from bugs or viruses.
No Reliance on Information
The content on our Site is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we take reasonable steps to ensure the accuracy of the information accessed via and appearing on our Site, we cannot guarantee or give any warranty, whether express or implied, as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by other MBR Users and are merely providing access to such content to You. We have no obligation to verify or moderate the content of such information nor to edit any such information provided by other MBR Users. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and You acknowledge that any reliance on such information will be at Your own risk.
MBR Intellectual Property Rights
This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it ("MBR Content") are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. MBR Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MBR or, where applicable, MBR licensors. MBR and its licensors reserve all rights not expressly granted in and to the MBR Content.
Limitation of our Liability
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.
This Site and its content are provided "as is" and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our Site or any content on it.
We will not be liable to any MBR User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site, or use of or reliance on any content displayed on our Site. In particular, we will not be liable for (i) loss of profits, sales, business, or revenue, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunity, goodwill or reputation, or (v) any indirect or consequential loss or damage. Our liability to You whether in contract, tort or otherwise shall be limited to the amount of any payments for Products, or any MBR Fees, made by You to MBR.
Except as expressly set out in the Terms of Use, MBR gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
Third Party Links and Resources in Our Site
Our Site may contain links to other sites, including via our social media buttons, or produce search results that reference or link to third party content on other websites. While we try to link only to sites that share our high standards, we are not responsible for the content, security, or privacy practices employed by other sites and a link does not constitute an endorsement of the content, viewpoint, accuracy, legality, opinions, policies, products, services, or accessibility of that Site. We cannot guarantee, represent or warrant that the content contained in such websites is inoffensive or that they will not contain viruses or otherwise impact Your device. Once You link to another website from our Site You are subject to the terms and conditions of that website, including, but not limited to, its Internet privacy policy and practices. Please check these policies before You submit any personal data to these websites. Links are provided for Your ease of reference only and MBR does not endorse such linked websites or accept any responsibility for the content of such websites. You agree and understand that You may not make any claim against MBR for any damages or losses whatsoever resulting from Your use of the Site to obtain search results or to link to a website. You agree to use third party links at Your sole risk and that neither MBR nor its agents shall have any liability to You for content that may be found to be Inappropriate Content.
Sales through the Site and/or the Interactive Services
All sales of Products and services (including MBR Mood Boards and MBR Interior Design Services) made through the Site and/or the Interactive Services are subject to the terms and conditions set out in the Terms of Sale. Please read these carefully.
Entire Agreement
The MBR Terms taken together constitute the entire agreement between You and MBR in relation to Your use of the Site and/or the MBR Interactive Services and supersede any prior representations, inducements or agreements relating to its subject matter. Should the courts strike out as invalid or unenforceable or otherwise alter any part of the MBR Terms, the remaining terms shall remain valid and in force.
Assignment
You may not transfer ownership or sell Your MBR Account or Your MBR Membership to a third party. You may not assign, transfer or delegate all or any of Your rights and obligations in relation to the MBR Terms, without MBR's prior written consent. MBR reserves the right to assign or transfer all or any of its rights and obligations under these Terms of Use to any companies in the same group as MBR or to any other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
No Waiver
Failure by either MBR or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Third Party Rights
These Terms of Use do not create any right enforceable by any person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999 (the "Act") and do not affect any right or remedy that a third party has which exists or is available apart from the Act.
Applicable Law
MBR tries to meet the highest standards when providing the Site and the Interactive Services. We take any Complaints we receive about this very seriously. We encourage people to bring any Complaints to our attention and we welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently.
These Terms of Use, our Terms of Sale, our Privacy Policy, our Cookie Policy and Your use of this Site and any dispute arising out of or in relation to it are governed by English law.
You agree that the courts of England will have exclusive jurisdiction to hear any such disputes, with the exception of any disputes under our Terms of Sale, the jurisdiction for disputes in relation to which is set out here.
If any provision of these Terms of Use is or becomes invalid or unenforceable then the remaining provisions will not be affected. No waiver by us of any breach of these Terms of Use shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
Words denoting an obligation on a MBR User to do any act, matter or thing includes an obligation to procure that it be done and words placing a MBR User under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.
Changes to These Terms of Use
We may amend these Terms of Use at any time without notice by posting the amended terms on this Site. All amended terms will automatically take effect immediately on posting. Please check these Terms of Use periodically to inform Yourself of any changes. Your continued use of any portion of the Site following the posting of the updated Terms of Use will constitute Your acceptance of the changes.
Contacting Us
If You have any questions about these Terms of Use, please contact us by clicking here, or alternatively at:
(B) Terms Of Sale
These Terms of Sale (together with the documents referred to in them) set out the terms and conditions on which My Bespoke Room Business Limited ("MBR", "we", "us", "our") supply goods and services to You("You" and "Your") through our website at www.mybespokeroom.com (our, or this, "Site") and/or through the Interactive Services.
These Terms of Sale are split into two sections and the section which is relevant to You will depend on how You are engaging with us:
- If you are ordering MBR Interior Design Services, please refer to (B) Terms of Sale (Interior Design Services); and
- If you are ordering Products from our Site or through the Interactive Services, please refer to (B) Terms of Sale (Products);
Please read these Terms of Sale carefully and ensure that You understand them before You submit Your order to us. These Terms of Sale tell You who we are, how products and services will be provided to You, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms of Sale, please contact us to discuss.
The Service Terms comprise these Terms of Sale and our Terms of Use. The Service Terms also incorporate and should be read in conjunction with the My Bespoke Room Privacy Policy and Cookie Policy, all of which shall collectively be referred to as the "MBR Terms". Unless otherwise indicated, defined terms used in the Terms of Use, the Privacy Policy and the Cookie Policy shall have the meanings given to them in these Terms of Sale at (B) MBR Terms (DEFINED TERMS).
(B) Terms Of Sale (INTERIOR DESIGN SERVICES)
Information About Us
Who we are. We are My Bespoke Room Business Limited, a company registered in England and Wales under company number 14127821, whose registered office is at MY BESPOKE ROOM BUSINESS LIMITED 3rd Floor 86-90 Paul Street London EC2A 4NE.
How to contact us. You can contact us by telephoning our customer service team at 020 3904 3800 or by writing to us by email at hello@mybespokeroom.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.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms of Sale, this includes emails.
Placing orders
Your contract for MBR Interior Design Services. Your contract for MBR Interior Design Services will be between You and MBR. MBR provides the MBR Interior Design Services subject to the terms set out on this Site.
How Your order will be accepted. Acceptance of Your order for MBR Interior Design Services will take place when we email You to accept it, at which point a contract will come into existence. We shall send You an email accepting Your order and the contract for the supply of the MBR Interior Design Services will be between You and us.
If we cannot accept Your order. If we are unable to accept all or part of Your order, we will inform You of this in writing and You will not be charged for the MBR Interior Design Service (but You will still be charged for any MBR Interior Design Services that we are able to accept Your order for). We might be unable to accept all or part of Your order because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the service.
Your order number. We will assign an order number to Your order and tell You what it is when we send You the email accepting Your order. It will help us if You can tell us the order number whenever You contact us about Your order.
We only sell to the UK Mainland. Our Site is solely for the provision of the Products in the UK Mainland and we will only accept orders for Products for delivery in the UK Mainland. Unfortunately, we do not deliver to addresses outside the UK Mainland. For delivery to certain areas, additional charges may apply. Please contact us at orders@mybespokeroom.com or via our chat function on our Site so we can advise you.
MBR Interior Design Services
MBR Mood Boards may vary slightly from their pictures. The images of the sample MBR Mood Boards on our Site are for illustrative purposes only and are just examples. Your MBR Mood Board will vary depending on the criteria You set out in Your MBR Brief.
Making sure Your measurements are accurate. You are responsible for ensuring that any measurements You give us are correct. You can find information and tips on how to measure by contacting us.
MBR Materials. All MBR Mood Boards and other materials created wholly or partially by or on behalf of MBR in connection with or arising from the provision of the MBR Interior Design Services ("MBR Materials") are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. You agree that all MBR Materials and all materials embodying them are our sole and exclusive property to the fullest extent permitted by law. To the extent that any MBR Materials do not vest automatically with us You assign to us (including in so far as is possible by way of present assignment of future rights) with full title guarantee any right, title and interest You may have in and to the MBR Materials.
MBR Materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MBR or, where applicable, MBR licensors. MBR and its licensors reserve all rights not expressly granted in and to the MBR Materials.
Your Rights to Make Changes
If You wish to make a change to MBR Interior Design Service 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 MBR Interior Design Service, 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 Your rights to end the contract).
Our Rights to Make Changes
Minor changes. We may change the MBR Interior Design Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect Your use of the MBR Interior Design Services.
More significant changes. In addition, we may make more significant changes to these Terms of Sale or to the MBR Interior Design Services. 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 MBR Mood Boards or MBR Interior Design Services paid for but not received.
Providing MBR Interior Design Services
MBR Interior Design Services. We will provide the MBR Interior Design Service by email to the address You provided to us when placing the order within fifteen (15) Business Days of our acceptance of Your order (or five (5) Business Days if You select the express option when checking out). These timescales assume that You have given us all the information we require in order to provide the MBR Interior Design Services: please see clause 6.3 below for what happens where You have not given us all such information. You may ask us follow-up questions about the MBR Interior Design Service that we have provided to You free of charge within two (2) weeks of the date on which it was provided to You, but after this time additional questions related to design will be deemed to be MBR Interior Design Services and will incur a charge.
We are not responsible for delays outside our control. If the supply of the MBR Interior Design 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 reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such event, but if there is a risk of substantial delay You may contact us to end the contract. If you contact us to end the contract, You will receive a refund for any MBR Interior Design Services, that You have paid for but not received.
What will happen if You do not give required information to us. We may need certain information from You so that we can supply MBR Interior Design Services to You, for example, Your dimensions or preferred style. If so, this will have been stated in the description of the MBR Interior Design Services on our Site. If You do not give us this information when placing an order, we will contact You to ask for it. 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) 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 MBR Interior Design 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; clause 9.2 will apply.
Your rights to end the contract
You can always end Your contract with us. Where You purchased MBR Interior Design Services from us, Your rights will depend on what You have bought, whether there is anything wrong, how we are performing and when You decide to end the contract:
If what You have bought is faulty or misdescribed You may have a legal right to end the contract for the MBR Interior Design Services (or to get replacement MBR Interior Design Services or some or all of Your money back); see clause 10;
If You want to end the contract for MBR Interior Design Services because of something we have done or have told You we are going to do, see clause 7.2;
If You have just changed Your mind about the MBR Interior Design Services, see clause 7.3. You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions;
In all other cases (if we are not at fault and there is no right to change Your mind), see clause 7.4.
Ending the contract for MBR Interior Design Services because of something we have done or are going to do. If You are ending a contract for MBR Interior Design Services, in each case for a reason set out at (a) to (d) below, the contract will end immediately and we will refund You in full for any MBR Interior Design Services which have not been provided and You may also be entitled to compensation. The reasons are:
we have told You about an upcoming change to the MBR Interior Design Services or these Terms of Sale which You do not agree to; see clause 5.2
we have told You about an error in the price or description of the MBR Interior Design Service You have ordered and You do not wish to proceed;
there is a risk that supply of the MBR Interior Design Services may be significantly delayed because of events outside our control; or
You have a legal right to end the contract for MBR Interior Design Services because of something we have done wrong.
Exercising Your right to change Your mind (Consumer Contracts Regulations 2013). For most items 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, may apply to Your contract with us for MBR Interior Design Services and are explained in more detail in these Terms of Sale.
When you do not have the right to change Your mind in relation to MBR Interior Design Services: You do not have a right to change Your mind in respect of services, including MBR Interior Design Services, once these have been completed, even if the cancellation period is still running.
How long do I have to change my mind? For MBR Interior Design Services, You have 14 days after the day we email You to confirm we accept Your order. However, once we have completed the relevant services You cannot change Your mind, even if the 14 day 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.
Ending Your contract for MBR Interior Design Services where we are not at fault and there is no right to change Your mind. For MBR Interior Design Services, even if we are not at fault and You do not have a right to change Your mind, You can still end the contract before it is completed, but You may have to pay us compensation. A contract for MBR Interior Design Services is completed when we have finished providing the MBR Interior Design Services, delivered the relevant MBR Mood Board to You and You have paid for the services. If You want to end a contract for MBR Interior Design Services 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 MBR Interior Design 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.
How to end Your contract (including if You have changed Your mind)
Tell us You want to end the contract. To end Your contract with us for MBR Interior Design Services with us, please let us know by doing one of the following:
Phone or email. Contact us at the details set out at hello@mybespokeroom.com or on 020 3904 3800. Please provide Your name, home address, details of the order and, where available, Your phone number and email address.
When we will cover the costs of return. There will be no costs of return in respect of MBR Interior Design Services.
How we will refund You. We will refund You the price You paid by the method You used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if You are exercising Your right to change Your mind. If You are exercising Your right to change Your mind for MBR Interior Design Services, we may deduct from any refund: (i) 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 price of the contract; and/or (ii) any discount which may have applied to the original transaction.
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 for MBR Interior Design Services will be made within 14 days of You telling us You have changed Your mind.
Our rights to end the contract
We may end the contract if You fail to comply with it. We may end the contract for MBR Interior Design Services at any time by writing to You if:
You do not make payment to us when it is due and You still do not make payment within 14 days of us reminding You that payment is due; or
You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the MBR Interior Design Services.
You must compensate us if You do not comply with Your contract for MBR Interior Design Services or. If we end Your contract for MBR Interior Design Services in the situations set out in clause 9.1, we will refund any money You have paid in advance for MBR Interior Design 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 failure to comply with the contract.
We may withdraw the MBR Interior Design Service.We may write to You to let You know that we are going to stop providing MBR Interior Design Service. We will let You know at least 14 days in advance of the stopping of the supply of the MBR Interior Design Service and will refund any sums You have paid in advance for MBR Mood Boards or MBR Interior Design Services that will not be provided.
If there is a problem with the MBR Interior Design Service
How to tell us about problems. If You have any questions or Complaints about a MBR Mood Board or MBR Interior Design Service, please contact us via hello@mybespokeroom.com or 0203 904 3800.
Your legal rights. Nothing in these Terms of Sale will affect Your legal rights. Responsibility for the MBR Interior Design Services is with MBR and Your recourse in these cases is through us, as we are under a legal duty to supply services that are in conformity with these Terms of Sale.
An MBR Interior Design Service will not be considered to be faulty or not in conformity with Your contract simply because You do not like or want any item or recommendation in Your MBR Interior Design Services or MBR Mood Board.
Price and payment
Where to find the price for MBR Interior Design Services. The price of the MBR Interior Design Service (which includes any applicable VAT) will be the price indicated on the order pages when You place Your order. The MBR Fees for MBR Interior Design Services can be found here. We take all reasonable care to ensure that the price of the MBR Interior Design Service advised to You is correct. However please see clause 11.3 for what happens if we discover an error in the price of the MBR Interior Design Service You order.
Price increases. We reserve the right to change the MBR Fees displayed on the Site from time to time (including by increasing them). If the price of an MBR Interior Design Service changes between date on which You place Your order and the date on which we accept Your order for that MBR Interior Design Service, we will notify You and You may then contact us to end the contract for that MBR Interior Design Service before the changes take effect. If You have already paid for the MBR Interior Design Service in full before the change in price takes effect, then we will not charge You for any increase.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the MBR Interior Design Services we sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the MBR Interior Design 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 MBR Interior Design 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 unmistakeable 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 MBR Interior Design Services provided to You.
When You must pay and how You must pay. We accept payment by PayPal and Stripe Payments. You must pay the full MBR Fees for MBR Interior Design Services upon placing Your order. We will charge You using the details You enter upon checkout.
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 Barclays plc 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.
What to do if You think an invoice is wrong. If You think any invoice You receive 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.
Discounts. We may, on occasion, make exclusive online discounts. Any discounts offered will be subject to change and subject to their own terms and conditions as set out on the Site as well as subject to these Terms of Sale.
Our responsibility for Losses suffered by You
We are responsible to You for foreseeable Loss caused by us. If we fail to comply with these Terms of Sale, we are responsible for Losses You suffer that is a foreseeable result of our non-compliance with this contract or our failing to use reasonable care and skill, but we are not responsible for any Loss that is not foreseeable. Loss 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.
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; or for breach of Your legal rights including the right to receive services which are: as described and match information we provided to You and any sample or model seen or examined by You; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
We are not liable for business Losses or delays in delivery. We only supply the products for domestic and private use. If You use the MBR Interior Design Services for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use Your Data
Our Privacy and Cookie Policies set out how we will use Your Data, which we will always do in accordance with Data Protection Legislation. Please read them carefully.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Sale to another organisation.
You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these Terms of Sale to another person if we agree to this in writing. We will not unreasonably withhold our agreement.
Nobody else has any rights under this contract. This contract is between You and us. No other person shall have any rights to enforce any of its terms. 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 of Sale.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale 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 of Sale, 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 MBR Interior Design 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 of Sale are governed by English law and You can bring legal proceedings in respect of these Terms of Sale exclusively in the English courts; with the sole exceptions that:
if You live in Scotland You can bring legal proceedings in respect of the MBR Interior Design Services in either the Scottish or the English courts; or
if You live in Northern Ireland You can bring legal proceedings in respect of the MBR Interior Design Services in either the Northern Irish or the English courts.
(B) Terms Of Sale (PRODUCTS)
Information About Us
Who we are. We are MY BESPOKE ROOM BUSINESS LIMITED, a company registered in England and Wales under company number 14127821, whose registered office is at MY BESPOKE ROOM BUSINESS LIMITED 3rd Floor 86-90 Paul Street London EC2A 4NE.
How to contact us. You can contact us by telephoning our customer service team at 020 3904 3800 or by writing to us at Orders@mybespokeroom.com or via our chat function on our Site.
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.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms of Sale, this includes emails.
Placing orders
Your contract for products.When You click a link to buy a product on our Site or via the Interactive Services, there are two options:
Affiliate Links: You may be directed to the website of the relevant Third Party Retailer and asked to enter Your order and payment details directly with them. Any product You order in such a manner shall be referred to in these Terms of Sale as a "Direct Click Product". When purchasing a Direct Click Product, You will enter into a contract with the relevant Third Party Retailer directly, via a website other than the Site, and subject to that Third Party Retailer's terms. We will have no further involvement with, or liability in respect of, this order and we give no undertakings, representations, warranties or statutory terms relating to the fitness and quality of any Direct Click Products, which are given by the relevant Third Party Retailers to You, and not by MBR to You. Your only recourse in the event of any dispute over the quality or use of any Direct Click Product is through the relevant Third Party Retailer and not through MBR. The Direct Click Products are in the ownership, title, possession, and control of the relevant Third Party Retailers. The majority of these Terms of Sale do not apply to orders for Direct Click Products; or
Direct purchase from MBR: You may be able to purchase a Product directly from MBR, in which case You are entering into a contract for purchase of the Product directly with us which will be subject to these Terms of Sale. Any dispute in relation to the Products will be between You and MBR. Consequently, when MBR collects money in relation to the Products it does so on its own account.
We will make it clear to You upon each purchase whether You are buying that Product and/or Direct Click Product from a Third Party Retailer or from MBR.
How Your order will be accepted. Acceptance of Your order for Product(s) will take place when we email You to accept it, at which point a contract will come into existence. If You are purchasing Products from MBR directly (option 2.1b above) then we shall send You an email accepting Your order and the contract for the supply of these will be between You and us.
If we cannot accept Your order. If we are unable to accept all or part of Your order, we will inform You of this in writing and You will not be charged for the relevant Product(s) (but You will still be charged for any Product that we are able to accept Your order for). We might be unable to accept all or part of Your order because the Product has been discontinued, is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because the relevant Third Party Retailer and/or Third Party Supplier (as applicable) is unable to meet a delivery deadline You have specified.
Your order number. We will assign an order number to Your order which will be set out in the email accepting Your order. It will help us if You can tell us or any relevant Third Party Retailer (when ordering through affiliate links) the order number whenever You contact us or them about Your order.
We only sell to the UK Mainland. Our Site is solely for the provision of the Products in the UK Mainland and we will only accept orders for Products for delivery in the UK Mainland. Unfortunately, we do not deliver to addresses outside the UK Mainland. For delivery to certain areas, additional charges may apply. Please contact us at orders@mybespokeroom.com or via our chat function on our Site so we can advise you.
The Products
Products may vary slightly from their pictures. The images of the Products on our Site are for illustrative purposes only and are just examples. Although we have made every effort to display the colours accurately on the Site, there is no guarantee that a device's display of the colours on the Site accurately reflects the colour of the Products. Your Product may vary slightly from those images.
Product packaging may vary.The packaging of each Product may vary from that shown in images on our Site.
Your Rights to Make Changes
If You wish to make a change to the Product 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 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. 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 Your rights to end the contract).
Our Rights to Make Changes
Minor changes. We may change the Products to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect Your use of the Product.
More significant changes. In addition, we may make more significant changes to these Terms of Sale or to the Products, including by proposing alternative Products where a Product You have ordered is unavailable, but if we do so we will notify You and You may then contact us to end the contract or Your purchase of a particular item under the contract, before the changes take effect and receive a refund for any Products paid for but not received. If the change is in relation to Direct Click Products purchased from a Third Party Retailer through an affiliate link (options 2.1a), then You should contact the relevant Third Party Retailer to arrange to end Your contract with them.
Providing the Products
Delivery costs. The costs of delivery will be as advised to You during the order process. Where You have purchased Products from MBR directly (option 2.1b above), then the costs of delivery will be as displayed on the Site or the Interactive Services, as applicable. Please note that additional delivery charges may apply when delivering to certain postcodes, but we will notify You of any additional charges before confirming Your order.
When the Products will be provided: Where You have purchased Products from MBR directly (option 2.1b above), then we will deliver the Products to You via a third party delivery company. The estimated delivery date for the Products will be as told to You during the order process and by email and may vary depending on the Product.
We are not responsible for delays outside our control. If the supply of the Products is delayed by an event outside our control (including by a Third Party Retailer and/or Third Party Supplier) then we will contact You as soon as possible to let You know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such event, but if there is a risk of substantial delay You may contact us to end the contract. You will receive a refund for any Products ordered directly from MBR (option 2.1b above) that You have paid for but not received. Please refer to the relevant Third Party Retailer's terms for Your refund rights in relation to Direct Link Products.
Delivery, collection and Ownership of Products ordered directly from MBR In relation to any Products that You have ordered directly from MBR (option 2.1b above):
If You are not at home when the Product is delivered. If no one is available at Your address to take delivery and the Products cannot be posted through Your letterbox, we will contact you to rearrange delivery. We may charge You for the costs of a re-arranged delivery.
If You want to cancel Your delivery. Please let us know at least 48 hours before the start of Your delivery slot if You wish to cancel a delivery You have arranged with us.
If You do not re-arrange delivery. If You do not re-arrange delivery, we will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact You or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
When You become responsible for the Products. A Product ordered directly from MBR under option 2.1b above will be Your responsibility from the time we deliver the Product to the address You gave us.
When You own Products. You own a Product ordered directly from MBR under option 2.1b above once we have received payment in full.
What will happen if You do not give required information to us. We may need certain information from You so that we can supply Products to You, for example, Your dimensions or preferred style. If so, this will have been stated in the description of the Products on our Site. If You do not give us this information when placing an order, we will contact You to ask for it. 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 ) 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 Products 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. Clause 9.2 will apply
Reasons we may suspend the supply of Products to You where You have ordered them directly from MBR. Where You have purchased Products from MBR directly (option 2.1b above), we may have to suspend the supply of a Product to:
deal with technical problems or make minor technical changes;
update the Product to reflect changes in relevant laws and regulatory requirements;
make changes to the Product as requested by You or notified by us to You (see clause 5).
Your rights if we suspend the supply of Products. Where You have purchased Products from MBR directly (option 2.1b above), we will contact You in advance to tell You if we will be suspending supply of a Product, unless the problem is urgent in which case we will contact you as soon as practically possible. You may contact us to end the contract for a Product if we suspend it, or tell You we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums You have paid in advance for the Product.
Your rights to end the contract
Your rights to end a contract for Direct Click Products purchased from a Third Party Retailer. Where You have purchased Direct Click Products from Third Party Retailers through MBR (options 2.1a above), Your contract for Direct Click Products is between You and the relevant Third Party Retailer. If You wish to end a contract for such Direct Click Products You must contact the Third Party Retailer. Your rights in relation to ending the contract will depend on the terms of Your contract with them.
You can always end Your contract with us. Where You have purchased Products from MBR directly (option 2.1b above), Your rights will depend on what You have bought, whether there is anything wrong, how we are performing and when You decide to end the contract:
If what You have bought is faulty or misdescribed You may have a legal right to end the contract for the Products (or to get replacement Products or some or all of Your money back); see clause 10
If You want to end the contract for Products because of something we have done or have told You we are going to do, ; see clause 7.3
If You have just changed Your mind about the Products,.You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions; see clause 7.4
In all other cases (if we are not at fault and there is no right to change Your mind), .see clause 7.7
Ending the contract for Products because of something we have done or are going to do. If You are ending a contract for Products purchased from MBR directly (option 2.1b above) for a reason set out at (a) to (d) below, the contract will end immediately and we will refund You in full for any Products which have not been provided and You may also be entitled to compensation. The reasons are:
we have told You about an upcoming change to the Products or these Terms of Sale which You do not agree to; see clause 5.2
we have told You about an error in the price or description of the Products You have ordered and You do not wish to proceed;
there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
You have a legal right to end the contract for Products because of something we have done wrong.
Exercising Your right to change Your mind (Consumer Contracts Regulations 2013). For most items 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, may apply to Your contract with us for Products purchased directly from us under option 2.1b above and are explained in more detail in these Terms of Sale. For Your right to change Your mind in respect of Direct Click Products purchased from Third Party Retailers under options 2.1a above, please see the relevant Third Party Retailer's terms of sale.
When You don't have the right to change Your mind:
in relation to Products purchased directly from us under option 2.1b above: You may not have a right to change Your mind in respect of Products that are made to Your specifications or are clearly personalised. Please contact us for information as to whether You have the right to change Your mind in relation to Your particular order.
in relation to Direct Click Products purchased from Third Party Retailers under options 2.1a above: Your rights to change Your mind in relation to Direct Click Products will be governed by Your contract with the relevant Third Party Retailer. For full details, please see that Third Party Retailer's returns policy.
How long do I have to change my mind? How long You have depends on what You have ordered and how it is delivered.
For Products purchased directly from us under option 2.1b above: You have 14 days after the day You (or someone You nominate) receive the Products. Where your order for the Products is split into several deliveries over different days, we will treat each Product delivered as a separate order and You will have 14 days after the day You (or someone You nominate) receive each Product to change Your mind. In the event the Product(s) you have ordered from us is/are available from a Third Party Retailer which offers a longer cancellation period within which you can change your mind, we shall, upon request and at our discretion, honour the Third Party Retailer’s cancellation period provided that:
the Third Party Retailer is a third party whose Products or Direct Click Products are available for sale in the MBR eStore;
the Third Party Retailer’s cancellation period is publicly available and available to all customers; and
You contact us to request the longer cancellation period no more than 14 days from the date You (or someone You nominate) receive the Product(s).
Please contact us as by email on orders@mybespokeroom.com or via the chat function on our Site or call us on 020 3904 3800 soon as possible so that we can sort this out for you.
For Direct Click Products purchased from a Third Party Retailer under options 2.1a above: please see the relevant Third Party Retailer's returns policy.
- Ending Your contract for Products purchased from us where we are not at fault and there is no right to change Your mind. For contracts for Products purchased directly from us under option 2.1b above, even if we are not at fault and You do not have a right to change Your mind, You can still end the contract before it is completed, but You may have to pay us compensation. A contract for Products ordered directly from us under option 2.1b above is completed when the Product is delivered and paid for. If You want to end a contract for Products ordered directly from us under option 2.1b above 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 Products 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.
How to end Your contract (including if You have changed Your mind)
Tell us You want to end the contract. To end Your contract with us for the purchase of Products, please let us know by doing one of the following:
Phone or email. Contact us on 020 3904 3800 or by email at orders@mybespokeroom.com. Please provide Your name, home address, details of the order and, where available, Your phone number and email address.
Online. Please contact us using our chat function on the Site or email us at orders@mybespokeroom.com.
Where Your contract is with a Third Party Retailer, You will need to deal with the Third Party Retailer directly to end the contract.
Returning Products for a refund after changing Your mind or otherwise ending the contract.
Where You have purchased Direct Click Products from a Third Party Retailer under options 2.1a above: if You end Your contract with the relevant Third Party Retailer for any reason, You must contact the relevant Third Party Retailer. In order to return Products, You must follow that Third Party Retailer's return procedures; or
Where You have purchased Products directly from us under option 2.1b above: if You end the contract for any reason after You have received the Products, You must return the Products to us in their original packaging, unused and in a re-saleable condition. Please make sure that the Product(s) You are returning is/are appropriately packed so that it/they do not get damaged in transit. You must post the Products back to us at the address specified on Your order or (if they are not suitable for posting) allow us to collect them from You. Please email us at orders@mybespokeroom.com or contact us via the chat function on our Site in order to arrange for a return and refund. If You are exercising Your right to change Your mind You must send off the Products as instructed within 14 days of telling us You wish to end the contract.
Returning Products when You want an exchange. If You want to arrange an exchange, please email us at orders@mybespokeroom.com or contact us via the chat function on our Site so that we can help You.
When we will cover the costs of return. In respect of Products ordered from a Third Party Retailer under options 2.1a, the applicable costs will be set out in the relevant Third Party Retailer's contract with You. In respect of Products ordered directly from us under option 2.1b above, we will pay the costs of return if: (i) the Products are faulty or misdescribed; or (ii) You are ending the contract because we have told You of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because You have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where You are exercising Your right to change Your mind) You must pay the costs of return. For details of our current return and delivery charges, please email us at orders@mybespokeroom.com or contact us via the chat function on our Site.
What we charge for collection. If You are responsible for the costs of return of a Product ordered from us under option 2.1b above and we are collecting the Product from You, we will charge You the direct cost to us of collection. For the costs of collection, please email us at orders@mybespokeroom.com or contact us via the chat function on our Site.
How we will refund You. We will refund You the price You paid including any delivery costs, by the method You used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if You are exercising Your right to change Your mind.If You have changed your mind:
We may reduce Your refund of the price: (i) to reflect any reduction in the value of a Product, if this has been caused by Your handling it in a way that would not be permitted in a shop. If we refund You the price paid before we are able to inspect the relevant Products and later discover You have handled them in an unacceptable way, You must pay us an appropriate amount; (ii) where the Products have not been returned in their original packaging, in a re-saleable condition, unused with all labels and tags intact; or (iii) to account for any discount which may have been applied to the original transaction.
The maximum refund for delivery costs will be the costs of delivery by the least expensive applicable delivery method offered.
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 for a Direct Link Product ordered from a Third Party Retailer via an affiliate link under option 2.1a above will be made by the Third Party Retailer in accordance with the terms of Your contract with that Third Party Retailer.
Your refund for Products ordered directly from MBR (under option 2.1b above) will be made as soon as practicably possible and in any event, no later either: (a) 14 days from the day on which the Product has been received in its original condition at our Third Party Retailer’s warehouse (or such address as we may direct) or, if earlier, the day on which You provide us with evidence that You have sent the Product back to the applicable address; or (b) 14 days from the day on which You inform us of Your decision to return the Product(s) which, for the avoidance of doubt, will apply where we have offered to collect the Products from You. If the returned Product is not in its original condition or has been damaged, we may deduct an appropriate amount from the refund due to you to account for the reduction in value of the Product. For information about how to return a Product, see clauses 8.2 and 8.3.
Our rights to end the contract
We may end the contract if You fail to comply with it. We may end the contract for Products ordered directly from MBR (option 2.1b above) at any time by writing to You if:
You do not make payment to us when it is due and You still do not make payment within 14 days of us reminding You that payment is due; or
where applicable, You do not, within a reasonable time, allow us to deliver the Products to You or collect them from us.
Third Party Retailers' rights to end their contract with You for Products You have ordered from them under options 2.1a above are as set out in that contract.
You must compensate us if You do not comply with Your contract for Products ordered directly from MBR (option 2.1b above). If we end Your contract for Products ordered directly from MBR (option 2.1b above) in the situations set out in clause 9.1, we will refund any money You have paid in advance for Products 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 failure to comply with the contract. Third Party Retailers' rights to charge You compensation under their contract with You for Products are as set out in that contract.
We may withdraw the product. We may write to You to let You know that we are going to stop providing the Product. We will let You know at least 14 days in advance of the stopping of the supply of the Product and will refund any sums You have paid in advance for Products that will not be provided.
If there is a problem with the Product
How to tell us about problems. If You have any questions or Complaints about a Product, please contact us as Your first point of contact, at orders@mybespokeroom.com or via the chat function on our Site. We may direct You to the relevant Third Party Retailer where appropriate.
Your legal rights. Nothing in these Terms of Sale will affect Your legal rights. Any undertakings, representations, warranties or statutory terms relating to the fitness and quality of Direct Click Products ordered from Third Party Retailers under options 2.1a above are given by the relevant Third Party Retailers to You, and not by MBR to You. Your ultimate recourse in the event of any dispute over the quality or use of such Direct Click Products is through the relevant Third Party Retailer. However, responsibility for the Products ordered directly from MBR under option 2.1b above is with MBR and Your recourse in these cases is through us, as we are under a legal duty to supply Products and services that are in conformity with these Terms of Sale.
Your obligation to return rejected Products. If You wish to exercise Your legal rights to reject:
Direct Click Products ordered from a Third Party Retailer under options 2.1a above because they are faulty, these rights shall be governed by the terms of Your contract with the relevant Third Party Retailer. You must follow that Third Party Retailer's return procedures as set out in that contract.
Products ordered directly from us under option 2.1b above because they are faulty, then You must either post the Products back to us at the address specified on the returns instructions provided by us or allow us to collect them from You. Please email us at orders@mybespokeroom.com or contact us via the chat function on our Site in order to arrange for a return, exchange or collection. Please do try to let us know of any damage to, or fault with, a Product ordered from us within 48 hours of receipt so that we can look into it as soon as possible.
If You are unsure of which address to use in order to return items, or have any questions about returns, please contact us at the details set out at orders@mybespokeroom.com or contact us via the chat function on our Site so that we can help You.
Price and payment
Where to find the price for the Product. The price of the Product (which includes any applicable VAT) will be the price indicated on the order pages when You place Your order. We take all reasonable care to ensure that the price of the Product advised to You is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Product You order.
Price increases. We reserve the right to change the Product prices displayed on the Site from time to time (including by increasing them). If the price of a Product changes between date on which You place Your order and the date on which we accept Your order for that Product, we will notify You and You may then contact us to end the contract for that Product before the changes take effect. If You do so in relation to a Direct Click Product that You are ordering through a Third Party Retailer under options 2.1a above, then you should contact the relevant Third Party Retailer to end Your contract for that Direct Click Product with them. If You have already paid for a Product that You have ordered from us under option 2.1b above in full before the change in price takes effect, then we will not charge You for any increase. If You have already paid for a Direct Click Product that You are ordering from a Third Party Retailer under options 2.1a above in full before the change in price takes effect, then You should consult the relevant Third Party Retailer's terms for Your rights.
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 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 unmistakeable 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 Products provided to You.
When You must pay and how You must pay. We accept payment by credit card and debit card. You must pay the full price for Products upon placing Your order. We will charge You using the details You enter upon checkout.
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 Barclays plc 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.
What to do if You think an invoice is wrong. If You think any invoice You receive 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. If the invoice is in relation to Products ordered from a Third Party Retailer under options 2.1a above, then we will refer You to the relevant Third Party Retailer.
Discounts. We may, on occasion, offer exclusive online discounts. Any discounts offered will be subject to change and subject to their own terms and conditions as set out on the Site as well as subject to these Terms of Sale.
Our responsibility for Losses suffered by You
We are responsible to You for foreseeable Loss caused by us. If we fail to comply with these Terms of Sale, we are responsible for Losses 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 that is not foreseeable. Loss 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.
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; or for breach of Your legal rights including the right to receive services which are: as described and match information we provided to You and any sample or model seen or examined by You; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
We are not liable for business Losses or delays in delivery. We only supply the products for domestic and private use. If You use the Products for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable to You for any delays in an item being delivered to You.
Third Party Retailers' responsibilities for Losses. We are not responsible under any contract You may have with Third Party Retailers. Third Party Retailers, not MBR, have the legal responsibilities in relation to Products that You order from them under options 2.1a above, which responsibilities will be as set out in Your contract with the relevant Third Party Retailers.
How we may use Your Data
Our Privacy and Cookie Policies set out how we will use Your Data, which we will always do in accordance with Data Protection Legislation. Please read them carefully.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Sale to another organisation.
You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these Terms of Sale to another person if we agree to this in writing. We will not unreasonably withhold our agreement.
Nobody else has any rights under this contract. This contract is between You and us. No other person shall have any rights to enforce any of its terms. 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 of Sale.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale 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 of Sale, 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.
Which laws apply to this contract and where You may bring legal proceedings. These Terms of Sale are governed by English law and You can bring legal proceedings in respect of these Terms of Sale exclusively in the English courts; with the sole exceptions that:
if You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts; or
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.
Price matching.
If a Product is available for purchase from a Third Party Retailer for a lower price (“Discounted Price”) than that displayed on the MBR eStore for such Product from the same Third Party Retailer, then subject to the remaining provisions of this clause 15, we will, upon request, and at our discretion, amend the price on the MBR eStore to match the Discounted Price (“Price Match Offer”).
The Price Match Offer is only available in circumstances where:
the Third Party Retailer is a Third Party Retailer for the purposes of these terms and conditions (i.e. a third party whose Products or Direct Click Products are available for sale in the MBR eStore);
the price proposed to be amended on the MBR eStore is for a Product from the same Third Party Retailer as that which is offering the Discounted Price;
the Product available at the Discounted Price from the Third Party Retailer is brand new, identical to ours, and offered on the same terms;
the Third Party Retailer has the Product in stock and available for despatch (rather than available only to order);
the Discounted Price is:
publicly available to all customers;
not a price available only to certain customers (for example, negotiated prices or prices for groups such as account holders, reward card or club members);
not a price only available with voucher codes issued to individual customers or groups;
offered to customers directly by the Third Party Retailer directly (i.e. it is not offered via a different third-party);
not part of a reward-based promotion, such as trade-ins, cutbacks, extended warranties or express delivery;
a standalone price applicable to the Product and not part of a price for a bundle of products; and
available long enough for us to consider any request for a Price Match Offer; and
we are able to verify all of the above matters.
The Price Match Offer is only available at the point of purchase. We will not under any circumstances give any refunds to customers after they have purchased a Product at the Discounted Price.
If You would like to request a Price Match Offer, please contact us by email on orders@mybespokeroom.com, via our chat function on our Site or call us on 020 3904 3800 before You make Your purchase.
For the avoidance of doubt, if, following a request for a Price Match Offer, we amend the price on the MBR eStore to match the Discounted Price and You then place an order for the Product, the provisions of these terms and conditions (including, without limitation, clause 2 of the Terms of Sale) shall continue to apply to such order.
(B) MBR TERMS (DEFINED TERMS)
Defined Terms
In the MBR Terms (except where the context otherwise requires) the following terms shall have the following meanings:
Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.
Codes of Practice: refers to all legal and regulatory codes (including for these purposes ancillary rules of procedure, guidance notes, directions, policies and advice) published by regulatory authorities or other industry professional bodies including without limitation the Advertising Standards Authority (specifically, the 12th edition of the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)), Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, DBERR and other trade bodies, to be construed as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.
Complaint: means any dissatisfaction expressed by a MBR Member as against MBR in connection with the provision of the Interactive Services.
Data: shall mean for the purposes of the MBR Terms 'Personal Data' as defined in the Data Protection Legislation.
Data Protection Legislation: means all applicable legislation and regulations relating to privacy or data protection in force from time to time, including any statutory provision which amends, supplements, consolidates or replaces the same, and in particular, to the extent applicable and without limitation, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) the EU General Data Protection Regulation 2016/679 (“GDPR”), as it forms part of the domestic law of the United Kingdom by virtue of the European Union (Withdrawal) Act 2018, and the Data Protection Act 2018; together with all applicable guidance and Codes of Practice issued by the Information Commissioner; as each of the same may be amended, supplemented repealed or replaced with equivalent laws, regulations, guidance or codes from time to time. The terms "personal data", , "data controller", "data processor" and "process" (and their derivatives) shall have the meanings given to them in Data Protection Legislation.
Inappropriate Content: means any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) is a virus.
Intellectual Property Rights: database rights, patents, user interface rights, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights which subsist or will subsist now or in the future, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Interactive Services: refers to the interactive services available through the Site as listed under "Accessing the Interactive Services" above and as may be amended from time to time without notice at MBR's sole discretion.
Legislation: all applicable laws, Acts of Parliament, Regulations and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such a law, Act Regulation or Treaty or otherwise having the force of law and relevant to the MBR Terms (including where applicable, technologically neutral legislation) including but not limited to the Electronic Commerce (EC Directive) Regulations 2002; the Provision of Services Regulations 2009; Consumer Protection (Distance Selling) Regulations 2000; the Unfair Terms in Consumer Contracts Regulations 1999; the Consumer Protection from Unfair Trading Regulations (2008); the Business Protection from Misleading Marketing Regulations (2008) and laws of contempt of court, obscenity, racial hatred and defamation (to be construed as including references to any amendment, modification, consolidation or re-enactment for the time being in force).
Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
MBR Account: means the secure account created upon registration from where a MBR Member can access the Site and the Interactive Services via their MBR Login.
MBR Brief: means the brief You submit to MBR using the Interactive Services, setting out Your requirements for use in the creation of Your MBR Mood Board.
MBR eStore: means the online store on the Site through which Products. Direct Click Products and MBR Interior Design Services may be purchased and to which embedded links in an MBR Mood Board may be directed.
MBR Fees: refers to the fees charged by MBR in respect of the MBR Interior Design Services as referred to at clause 11.
MBR Interior Design Services: the services provided by MBR for the design of an MBR Mood Board in line with the relevant MBR Brief, or such other design services as are agreed between You and us, to be sent to the MBR Member by email which may include (at MBR's discretion) researching and collating various options and recommendations for incorporation into the MBR Mood Board and taking part in discussions and advising in respect of the MBR Mood Board via telephone or skype as can be arranged in advance between You and the MBR Member.
MBR Login: refers to the username and unique password a registered MBR Member uses to access their MBR Account.
MBR Member(s): refers to a registered user who has valid MBR Membership who is likely to be a parent, guardian, carer or other responsible adult.
MBR Membership: refers to the membership required to access the Site and to avail of the Interactive Services generally.
MBR Mood Board: refers to the designs we create for You in line with Your MBR Brief (as part of our "mini makeover", "complete design experience" or "snap & source" services, as applicable) which includes various options and recommendations put together by our expert interior designers and which may include links to where the Products may be purchased through the MBR eStore.
MBR Portfolio Items: refers to the material and information stored in, and accessible in, Your MBR Account including but not limited to Your MBR Brief(s) and MBR Mood Board(s).
MBR Registration Form: refers to the registration form required to be filled in by a MBR User to complete MBR Membership.
MBR User: includes anyone who uses the Site (whether registered or not) including a MBR Visitor and an MBR Member.
MBR Visitor: refers to the person who visits the Site but does not progress to verification and registration for MBR Membership.
Product: refers to a product available for purchase via the MBR eStore and for the avoidance of doubt excludes Direct Click Products.
Third Party Retailer: refers to a third party whose Products or Direct Click Products are available for sale in the MBR eStore.
Third Party Supplier: refers to a third party wholesale supplier who provides Products for sale in the MBR eStore.
Registration Information: refers to the registration information collected by MBR in the MBR Registration Form as further detailed in the Privacy Policy.
User Generated Content (UGC): means content provided/ generated by a MBR Member, uploaded, embedded or otherwise displayed and/ or stored on the Site which may include but is not limited to text, articles, images, listings, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by MBR and MBR Members where applicable (including the information provided by MBR Members for insertion into an MBR Brief).
VAT: means value added tax chargeable under English law for the time being and any similar additional tax.
Working Hours: Monday to Friday 9am - 5pm during Business Days.
(C) Gift Vouchers
You may only use My Bespoke Room gift vouchers (Vouchers) to purchase interior design services at mybespokeroom.com.
You may not use Vouchers for any other purpose (including, without limitation, to purchase any products via the My Bespoke Room eStore or from any third-party retailer).
You may not exchange Vouchers for cash.
Each Voucher expires on the date displayed on the Voucher, and may not be redeemed after such date.
When you redeem a Voucher, you will be required where prompted on mybespokeroom.com to enter the code displayed on the Voucher.
In order to benefit from the full value of a Voucher, you must redeem the full value of the Voucher in one order. If the value of the services you purchase from mybespokeroom.com is less than the value of the Voucher, you will not receive a credit for the balance to redeem against subsequent orders.
Clauses 7.5(a) and 7.6(a) of our Terms of Sale shall apply if you cancel services you have purchased using Vouchers. If you cancel services you have purchased using Vouchers before we commence such services, then we will issue you with a replacement voucher code for the same value as your used Voucher. If you cancel services you have purchased using Vouchers after we have commenced or completed such services, you will not receive any credit or new voucher codes in respect of your used Voucher.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales, and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.