1.Who we are

FurnishIQ.AI is a trading name of TOI Group Ltd, a company registered in England and Wales (company number and registered office shown on our order documents). In these terms “FurnishIQ”, “we”, “us” and “our” mean TOI Group Ltd trading as FurnishIQ.AI powered by Tobias Oliver, and “you” means the client named on the proposal or order confirmation.

You can reach us at [email protected].

2.What we do, and where our service ends

FurnishIQ provides a furnishing design and procurement-preparation service: design schemes, furniture, fixtures and equipment (FF&E) schedules, moodboards, budgets, and supplier-ready purchase orders, produced with the design intelligence of FurnishIQ.AI powered by Tobias Oliver.

Our scope ends at purchase orders. Once a supplier has confirmed an order and its lead time, that confirmation is passed to you and the project hands over to you for project management. We do not provide project management, freight, delivery coordination or installation services, and nothing in these terms creates any obligation on us to do so.

3.How we buy: acting as your agent

When we source and arrange the supply of FF&E, we act as your agent, on your behalf and with your authority, in line with the guidance of the British Institute of Interior Design on sourcing and supplying FF&E as agent. This means:

• You are expressly named as the customer in each supply contract we arrange with a supplier.
• The contract for the supply and delivery of each item is between you and that supplier, not between you and us.
• Responsibility and liability for the products, including conformity, defects, guarantees and after-sales service, rest with the supplier under your supply contract with them, and your statutory rights against the supplier are unaffected.
• Once a supplier confirms an order, you deal with that supplier directly. We will pass you each supplier confirmation together with its quoted lead time.

We are not the manufacturer or retailer of the goods, and we do not take title to them at any point.

4.Pricing and our remuneration

All goods are priced and billed to you at the supplier’s recommended retail price (RRP) current at the date of your order confirmation, as set out line by line in your estimate and order confirmation.

Our remuneration for the sourcing and procurement service is disclosed and agreed as follows: we negotiate trade terms with suppliers, and we retain the difference between the RRP you agree to pay and the net trade price we secure. By approving an estimate or order confirmation you expressly agree to this basis of remuneration. We make this disclosure so that our position is transparent and compliant with the law on agents’ commissions, including the Bribery Act 2010.

Our design fee is a separate service charge, agreed in writing before work begins. It is never a markup on goods and is not contingent on which suppliers are selected.

Estimates are valid for the period stated on them. Supplier RRPs can change between estimate and order; prices are confirmed against supplier RRP at the point of order.

5.Payment and escrow

Goods are paid for 100% proforma on order. Your payment is held in an independent, segregated escrow account and is released to suppliers only as each order is placed and confirmed. Funds held in escrow are not our working capital and are not available to our general creditors.

• The design fee is invoiced separately under the terms stated in your proposal.
• Long-lead items are ordered first; escrow releases follow the order schedule shared with you.
• Any unspent contingency is returned to you at the end of the engagement.

6.Your right to cancel

If you are a consumer and your contract with us was concluded at a distance or away from business premises, you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the service contract within 14 days of entering into it, without giving a reason. To cancel, email [email protected] with a clear statement that you wish to cancel.

Two important qualifications apply:

• Work begun at your request. If you ask us in writing to begin design work within the 14-day period and then cancel, you remain liable for the part of the service already performed.
• Bespoke and made-to-order goods. The legal right to cancel does not apply to goods made to your specification or clearly personalised, which includes most made-to-order furniture, upholstery in your chosen fabric, bespoke joinery, made-to-measure curtains and bespoke rugs. Each supply contract will state the supplier’s own cancellation and returns position. Once an order for bespoke or made-to-order goods has been placed with a supplier it generally cannot be cancelled once cutting, templating or making has begun.

7.Lead times, delivery and risk

Lead times are the suppliers’ own quoted estimates, passed to you with each supplier confirmation. They are estimates, not guarantees, and we are not liable for supplier delays. Because the project hands over to you at purchase orders, delivery arrangements, storage, inspection on receipt and installation are managed by you (or your appointed contractor) directly with each supplier under your supply contract.

Risk in goods passes to you in accordance with each supply contract and, for consumers, in accordance with the Consumer Rights Act 2015.

8.Your statutory rights

Nothing in these terms affects your statutory rights.

• Our service. Under the Consumer Rights Act 2015 we must perform our design and procurement-preparation service with reasonable care and skill, within a reasonable time, and for the agreed price. If we do not, you are entitled to ask us to re-perform the relevant part of the service or, where that is not possible, to a price reduction.
• The goods. Under the Consumer Rights Act 2015 goods must be of satisfactory quality, fit for purpose and as described. Because each supply contract is between you and the supplier, these rights are exercisable against the supplier. We will assist you in raising any issue with a supplier where we reasonably can.

9.Intellectual property

All design schemes, schedules, moodboards, drawings, documents and other materials we produce remain the intellectual property of TOI Group Ltd. On payment in full of our design fee you receive a non-exclusive, non-transferable licence to use those materials for the project and property for which they were prepared. They may not be reused for other properties, resold or published without our written consent. We may photograph and publish completed work for our portfolio unless you ask us not to in writing.

10.Our liability

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Subject to that, we are not liable for the acts, omissions, products, delays or insolvency of suppliers with whom you contract, and our total liability to you in connection with an engagement is limited to the design fee paid for that engagement. We are not liable for indirect or consequential loss, loss of rental income, loss of profit or loss of opportunity. If you are a consumer, this clause does not affect your statutory rights described in clause 8.

11.Your data

We process personal data in accordance with UK GDPR and the Data Protection Act 2018. We collect only what we need to deliver the engagement (your contact details, property information and project brief), we share it with suppliers only as needed to place and administer your orders, and we never sell it. To exercise your data rights, including access and erasure, contact [email protected].

12.Complaints, disputes and general terms

If something is not right, email [email protected] and we will acknowledge your complaint within 5 working days and aim to resolve it within 28 days. If we cannot resolve a dispute between us, you may be able to use alternative dispute resolution; details will be provided in our final response.

• These terms, and any dispute arising from them, are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer living in Scotland or Northern Ireland you may also bring proceedings where you live.
• If any part of these terms is found unenforceable, the rest remains in force.
• These terms, together with your proposal, estimate and order confirmation, are the entire agreement between us. Where they conflict, the signed proposal prevails.
• We may update these terms from time to time; the version in force when you sign your proposal applies to your engagement.