Terms and Conditions of Supply of www.jochrobak.com
www.jochrobak.com (“site”) is owned and operated by Invent Design Create Limited a company registered in England and Wales under company number 09610117 and with our registered office at c/o TAXASSIST ACCOUNTANTS, 175 WOKINGHAM ROAD, READING, BERKSHIRE, ENGLAND, RG6 1LT business address at 8 Clonmel Close, Caversham, Reading, Berkshire RG4 5BF and is not currently VAT registered.
Please read these terms and conditions carefully before placing an order. By purchasing services and/or products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase services or products from this site.
2. Changes To Terms
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase. If the revised terms apply to any existing provision of services, we will notify you of the changes.
4. Age Restriction
You shall not purchase any services or products from our site if you are below the age of 18 years old because, under this age, you do not have legal capacity to enter into a contract.
5. Acceptance Of Order
- 5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email [email protected] or [email protected] or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing;
- 5.2 If there is any conflict between these Terms and any term of the order, the order will take priority;
6. Entire Agreement
- 7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
- 7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. Provision Of Services
- 8.1 We will supply the services to you from the date agreed between us in writing until the estimated completion date set out in the order.
- 8.2 We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.
- 8.3 [We will need certain information from you that is necessary for us to provide the services, for example, the completed welcome pack forms & signed agreement. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required or we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.
- 8.4 We may have to suspend the services if we have to deal with technical problems or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.
- 8.5 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.
- 8.6 If we design a product for you or supply a product to you as part of the services (such as a report, drawings, 3D models, sketches, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.
9. If There Is A Problem With The Services
- 9.1 In the unlikely event that there is any defect with the services:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect, and
c) we will use every effort to repair or fix the defect within 28 days;
- 9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- 9.3 Before we begin to provide the services, you have the following rights to cancel our services,
a) you may cancel any order for Services at any time before the start date for the services by using the Form of Cancellation which we will send you by request when you email [email protected]. We will confirm your cancellation in writing to you;
b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;
c) however, if you cancel an order for services and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
d) If phased payments are being made for our services the following payments will be required for each milestone and are a percentage of the overall payment set out in the initial agreement for the individual packaged service, (this may be more than the phased payment and will be required to be paid within 7 days of written cancellation);
i) Completed form received and Initial 1:1 design session requires 20% of total fee for the full package;
ii) Completed form, initial 1:1 design session and design drawings or design gift requires 50% of the total fee for the full package;
iii) Completed form, initial and follow up 1:1 design session and design drawings or design gift requires 75% of the total fee for the full package;
iv) If the initial form has been completed, the initial and follow up 1:1 design sessions and design drawings or design gift and at least 4 hours of additional calls, then the full 100% of the initial agreed payment amount will be required;
e) If you request us to start work prior to the 7 day cancellation period, you will be required to pay the relative amount of work up to the date of cancellation.
- 9.4 If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:
a) we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;
b) we go into liquidation or a receiver or an administrator is appointed over our assets;
c) we change these Terms under to your material disadvantage;
d) we are affected by an Event Outside Our Control.
10. Provision Of Products
- 10.1 Your legal right to cancel a Contract in relation to the purchase of products starts from the date on which you receive the Email Confirmation.
- 11.1 We will let you know the estimated delivery date which will be within 30 days after the date of the Email Confirmation. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 16 below.11.2 If no one is available at your address to take delivery, we will leave you a note to rearrange delivery.11.3 Delivery of an Order shall be deemed to be completed when:
(i) we deliver the product to the address given by you;
(ii) we deliver the product directly to you; or
(iii) a carrier organised by you to collect the product from us collects the product from us
and you will be responsible for the product from that time.
- 11.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the product.
- 11.5 If we fail to deliver the product within 30 days of an agreed date in writing between us, then you may cancel your Order straight away if any of the following applies to you:
a) we have refused to deliver the product;
b) delivery within the delivery deadline was essential considering relevant circumstances; or
c) you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.
- 11.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.
12. Digital Products
- 12.1 In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into.
- 12.2 Notwithstanding clause 12.1, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in clause 12.1 and you acknowledge that you will lose your cancellation rights.
13. Our Rights To Cancel & Applicable Refund
- 13.1 We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:
a) we will promptly contact you to let you know;
b) if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;
c) where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.
- 13.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least  calendar days’ notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
- 13.3 We may cancel the contract for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or
b) you break the contract in any other material way and you do not correct or fix the situation within  days of us asking you to in writing.
14. International Delivery
- 14.1 We deliver to the International Delivery Destinations United Kingdom, Europe, Australia, Canada, Norway, Finland, Denmark, and Sweden. However, certain products are not delivered to International Delivery Destinations so please check the information on our International Delivery Destination page carefully before ordering any products.
- 14.2 Delivery of products to International Delivery Destinations will be subject to applicable import duties and taxes payable by you. Prior to placing an order you should contact your local customs office for information on this.
- 14.3 You agree to comply by all applicable laws of country to which products are delivered and we shall not be liable for any such violations.
15. Price & Payment
- 15.1 Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
- 15.2 Our prices are exclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
- 15.3 Delivery cost of any products is not included in the price specified for a product. It will be added to the due amount.
- 15.4 Despite our best efforts, there may be incorrect prices on some of the services or products. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and misplacing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
- 15.5 Payment for services is to be made in advance by credit or debit card or Paypal except where agreed otherwise in writing between us. We accept payment with ALL MAJOR CARDS.
- 15.6 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC 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.
16. Limitation Of Liability
- 16.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- 16.2 Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
- 16.3 Exceptions to Limitation of Liability.
- 16.4 Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) defective products under the Consumer Protection Act 1987;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
17. Circumstances Beyond Our Control
- 17.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
- 17.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
- 17.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
- 17.4 you will be notified as soon as reasonably possible; and
- 17.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date for any products ordered is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
- 17.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights.
- 18.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Invent Design Create Limited at [email protected].
- 18.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
- 19.1 We may assign our rights and obligations under these Terms to another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
- 19.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
- 19.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
- 19.4 Each paragraph of these Terms are separate and distinct from others. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
- 19.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
- 19.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
20. Contact Hours, Call Hours, Overtime, Office Hours & Hours Of Work
- 20.1 Available business hours are Monday to Saturday 9:00AM TO 5:00PM with 1 hour for lunch GMT +1 (London time) and may change from time to time, without notice. We will make our best efforts to arrange another suitable time to meet if we change our time zone during a current contract. If a reasonable time cannot be agreed we will refund the cost of that session or agree an alternative session in writing.
- 20.2 If you request urgent delivery of one of our services that require us to work overtime (as described in the hours above) these will be agreed in writing prior to starting the work.
- 20.3 Additional Services may be required to complete your specific project. These will be agreed in writing and paid for prior to commencement. We will not start on additional work without receipt of payment.
21. Unused Hours
- 21.1 If for any reason we agree in writing that no remaining hours are required, a refund for the remaining time minus administration and other agreed costs will be offered. Our products and services are non transferable.
- 21.2 specific expectations and parameters of the assignment.
- 21.3 CONSULTATION & ESSENTIAL DESIGN PACKAGE.
a) No work will start on your project unless you have completed your pre-session questionnaire, read and agreed on these terms and conditions and returned. We cannot give any guarantees or promises and we take no liability for information incorrectly given or given in error.
b) Design ‘gifts’ can be any but not limited to the following; drawing, sketch, 3D image, collage, shopping list, shopping checklist, design guide, procurement method and are decided by us. WE do not accept liability for any incorrect information received or given when discussing your individual project.
c) Sessions are recorded where applicable and you can request to not record each session by writing to us beforehand at [email protected]
d) Your 2 weeks of email access starts from the date of our first session together.
e) Each session is 60 minutes (1 hour) or 120 minutes (2 hours) and can be added to in 30 minute intervals. You can extend your session if we agree during a call together, however any additional payments must be paid and honoured within 24 hours of the end of our call or will be taken from your overall remaining call time, as agreed.
f) Requested changes by you, will be paid for either in an additional payment as agreed by us and paid for in full within 24 hours of the request and agreed in writing or will be used from your remaining call time.
22. Call, Meeting & Skype Cancellations & Late Arrivals
- 22.1 If for any reason we cancel a session within 2 hours notice and are unable to reschedule within the same week, we will provide an extra hour or refund the agreed amount in writing. If for any reason you cancel your session within 2 hours of our agreed session time and we are unable to reschedule within the same week, the full amount will be charged for the session.
- 22.2 If you arrive late to a call, we will still finish the call at the previously agreed time and you will lose the time paid for unless otherwise agreed in writing.
- 22.3 If I arrive late to your call, we will still finish the call at the previously agreed time and we will add time to another call as agreed or refund the difference minus administration costs, unless otherwise agreed in writing.
- 23.1 1:1 Session – can be held over Skype, telephone, Zoom or any other agreed platform. This does not mean a face to face meeting, however we may agree to meet face to face in your home for an additional fee and travel costs incurred by you, although this must be pre-agreed in writing and paid for in full before starting any work.
24. Contact Us
- 24.1 For any questions or queries you can contact us at 0118 375 4018 or e-mail us at [email protected].