Terms and Conditions of Design Service

1. About Us and Definitions

1.1 “Pocket Workshop”, “we”, “us” and “our” means Pocket Workshop Ltd, a company registered in England and Wales under company number 16978923, whose registered office is 71-75 Shelton Street, London WC2H 9JQ (“PW”).

1.2 “Customer”, “you” and “your” means the person or business who engages us to provide the Design Service.

1.3 “Design Service” means our service of converting your dimensions, materials and design requirements into a Design Pack and a Specification, as described in clause 2.

1.4 “Design Pack” means the construction drawings, renders, interactive 3D model, panel list and materials list that we provide to you. The panel list shows each panel’s reference, overall dimensions, material and thickness, quantity and unit assignment, so that you can check a delivery against it.

1.5 “Specification” means the manufacturing-ready information produced under the Design Service: the cutting and edging list, the drilling/machining files and the hardware picking list.

1.6 “Manufacturing Partner” means the third-party manufacturer we send your Specification to.

1.7 “Hardware Supplier” means any third-party supplier of hardware (such as hinges, runners, handles and fixings) to whom we send your hardware picking list. There may be more than one.

1.8 “Supplier” means the Manufacturing Partner and each Hardware Supplier. Where a clause refers to “Suppliers” it applies to each of them separately.

1.9 “Design Fee” means the fee payable to us for the Design Service, as quoted to you before you place an Order.

1.10 “Order” means your request for the Design Service, made through your registered account, by WhatsApp, SMS, email or by any other channel we offer.

1.11 These Terms apply to every Order for the Design Service and take precedence over any other terms unless we agree otherwise in writing.

1.12 The Design Service is offered on a business-to-business basis only. By registering an account (clause 3.2) and placing an Order you confirm that you are contracting wholly or mainly for purposes related to your trade, business, craft or profession, and not as a consumer.

2. Our Service — What We Do and Do Not Provide

2.1 We provide a design and specification service only. We convert your sketch, dimensions and material choices into a costed design, together with the technical files a manufacturer needs to cut and machine the panels and a hardware supplier needs to pick the hardware.

2.2 We are not a supplier or seller of furniture, panels, hardware or any physical goods. We do not manufacture, hold stock of, deliver, or take payment for the manufactured goods or the hardware at any point.

2.3 The contract for the manufactured goods (price, delivery, quality, faults, returns) is between you and the Manufacturing Partner directly. The contract for the hardware is between you and the relevant Hardware Supplier directly. We are not a party to either contract and have no liability under them. See clauses 9 and 13.

2.4 We do not act as your agent. Nothing in these Terms, and nothing we do in passing your details to a Supplier (clause 9.4), makes us your agent in forming any contract with a Supplier.

2.5 We will provide the Design Service with reasonable skill and care, and will make sure that the Specification we send to the Manufacturing Partner matches the Design Pack you have approved.

3. Trade Accounts and Placing an Order

3.1 We are a trade-only supplier. We do not provide prices or quotations to members of the public or to anyone who is not a trade customer.

3.2 To receive a quotation or place an Order you must first hold a registered account with us. When you register you will be asked to give your business name and to confirm, by ticking a box, that you are registering as a trade or business customer (this includes sole traders and unincorporated businesses). We may decline or close an account where we reasonably believe the account holder is not a trade customer. If you register on behalf of a business, you confirm that you have authority to bind it to these Terms.

3.3 If you contact us (for example by WhatsApp, SMS or email) without a registered account, we will ask you to register before we give you any prices. We identify account holders by their registered email address or phone number, or by their account number.

3.4 To place an Order you send us your sketch, dimensions and material preferences through your account, or by WhatsApp, SMS or email.

3.5 We will reply with a single message containing:

(a) a unique order reference;

(b) the Design Fee;

(c) an indicative estimate of the cost of manufacture, hardware and delivery from the Suppliers;

(d) the date on which our quotation expires (see clause 7.1);

(e) a payable invoice link for the Design Fee; and

(f) a link to these Terms.

3.6 The estimate given under clause 3.5(c) is indicative only. It is provided to help you plan and is not a quotation from, or binding on, any Supplier. See clause 8 for how Supplier prices are confirmed.

3.7 Your Order is confirmed, and a binding contract for the Design Service is formed, when you pay the Design Fee. By paying, you accept these Terms. We do not require any separate written or verbal acceptance from you. If we do not receive payment we will treat the Order as not placed and will not carry out any design work.

4. Your Responsibilities

4.1 You are responsible for the accuracy of all information you give us, including dimensions, site measurements, material selection and any constraints (for example door swing, skirting and sockets).

4.2 We may query or sense-check the information you provide, but this does not transfer responsibility for its accuracy to us. Our guidance is support only, not a substitute for you checking your own measurements.

4.3 If a design does not fit or work on site because of inaccurate or incomplete information you provided, we are not liable for the cost of remaking the design, the manufactured goods, the hardware, or any related loss. Any redesign needed is chargeable under clause 5.7.

4.4 We do not carry out site surveys or installation. You are responsible for checking measurements on site; for the suitability of walls, floors and fixings for the loads involved; for installation; and for compliance with Building Regulations, fire, electrical, gas and plumbing requirements, and any Supplier’s instructions. Any guidance we give on spans, loads or deflection is general guidance only and is not engineering or structural advice.

5. Design Process and Sign-Off

5.1 Once your Order is confirmed under clause 3.7, we will produce a first draft Design Pack based on the information you provided.

5.2 You may request one round of amendments to the first draft at no extra charge. Correcting an error made by us is not an amendment and is always free of charge.

5.3 After that one amendment (or straight away, if you have no amendments), we will send you the final Design Pack and ask you to approve it as ready for manufacture. The final Design Pack will show the Supplier Quotations described in clause 8.2, with their expiry dates. The Manufacturing Partner’s quotation will be shown with and without drilling, and you will choose at approval whether you want the panels drilled.

5.4 We will not send your Specification to any Supplier until you have approved the Design Pack as ready for manufacture. You give your approval through your account, and it applies only to the specific version of the Design Pack that you approve.

5.5 By approving the Design Pack you accept that it matches your requirements, and you accept responsibility for any dimensions, quantities or specifications shown in it. This does not affect clause 4.

5.6 Your approval is approval of the design only. It is not an order for goods or hardware and does not commit you to buy from any Supplier (see clause 7.6). The Supplier prices shown in the Design Pack are given so that you can decide whether to proceed.

5.7 Amendments you request after the free round in clause 5.2 but before approval under clause 5.4 are charged at the Design Fee rate for your Order, pro rata to the linear metres of cabinetry affected, with a minimum of 2 linear metres, plus VAT, payable in advance of the further work. If you ask for a change after approval under clause 5.4, the design process starts again and the Design Fee is payable again in full for the revised design, plus VAT, in advance. We may at our discretion reduce or waive these charges; doing so in one case does not set a precedent. Correcting an error made by us is not an amendment and is free. A revised Design Pack must be approved again under clause 5.4, and any existing Supplier Quotation will be withdrawn and re-issued. Goods or hardware you have already ordered from a Supplier are not our responsibility, and the Supplier’s own terms apply to any change.

6. Design Fee, VAT and Payment

6.1 The Design Fee is payable in full, in advance, before we begin any design work.

6.2 Prices are as quoted to you at the time of your Order, are quoted in GBP, and are subject to the expiry dates in clause 7.

6.3 Unless stated otherwise, all figures are exclusive of VAT, which will be added at the applicable rate.

6.4 Payment is taken via a Xero-hosted invoice link (processed by Stripe), sent to you by WhatsApp, SMS, email or through your account.

7. Quotation Validity, Cancellations and Refunds

7.1 Every quotation we give has an expiry date. Unless the quotation states otherwise, our Design Fee quotation is valid for 30 days from the date it is issued. After it expires we may withdraw or re-quote it, and we are not obliged to accept payment against an expired quotation.

7.2 Each Supplier’s price is likewise valid only for the period the Supplier states, which will be shown in the Design Pack. After that date the price may change and may need to be re-confirmed. We are not responsible for any change (see clause 8).

7.3 Because design work begins as soon as your Order is confirmed (clause 3.7), the Design Fee is non-refundable once your Order has been confirmed, except as set out in clause 7.4. We may, at our discretion, agree a refund in other cases; doing so in one case does not set a precedent.

7.4 If, after confirming your Order, we are unable to carry out the Design Service for any reason on our side, we will refund the Design Fee in full.

7.5 As the Design Service is provided on a business-to-business basis (clause 1.12), the 14-day cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to your Order.

7.6 Once you have approved the Design Pack under clause 5.4, you are under no obligation to place an order with, or make any payment to, any Supplier. You may decide not to proceed at all, but this does not entitle you to any refund of the Design Fee, which is payment for the Design Service already completed. If you decide to proceed after a Supplier’s price has expired, we will ask the Supplier to re-confirm it; the new price may differ, and if the Specification has to change as a result, clause 5.7 applies.

7.7 You may cancel an Order at any time through your account or by telling us. If you cancel before paying the Design Fee, nothing is payable and we will cancel any unpaid invoice. If you cancel after paying, clause 7.3 applies. If you cancel after approval, we will withdraw the Supplier Quotation; any order you have already placed with a Supplier is governed by that Supplier’s terms.

8. Prices from the Manufacturing Partner and Hardware Suppliers

8.1 You buy goods and hardware from the Suppliers at their prices. We do not set, control or guarantee any Supplier’s prices.

8.2 So that you know the likely cost before you approve the design, the final Design Pack will show the price that the Manufacturing Partner has quoted to us for manufacturing your Specification, with and without drilling, and, where available, the price quoted to us by each Hardware Supplier (each a “Supplier Quotation”), together with its expiry date.

8.3 A Supplier Quotation is the Supplier’s quotation, not ours. We pass it on for your information and we are not offering to supply the goods or hardware. We will take reasonable care to relay each Supplier Quotation accurately and to base it on the same Specification that you approve.

8.4 The price you actually pay is the price shown on the Supplier’s own ordering system when you place your order with them. We will give you a link to your order on that system. Please check the price against the Design Pack before you pay. If it differs, do not pay, and tell us. We will raise the difference with the Supplier as a courtesy but we cannot guarantee the outcome.

8.5 Except where a difference is caused by our failure to take reasonable care in preparing the Specification or in relaying a Supplier Quotation (in which case clause 12 applies), we are not liable for any difference between a Supplier Quotation and the price a Supplier charges, whatever the reason (including expiry of the quotation, a change in material costs, or a change to the Specification).

8.6 The estimate in clause 3.5(c) is given only to help you decide whether to place an Order. You agree that you have not relied on that estimate, or on any other statement about the cost of manufacture, hardware or delivery, other than a Supplier Quotation shown in your final Design Pack (which is subject to clauses 8.3 and 8.5).

9. Handoff to the Suppliers

9.1 Once you have approved your Design Pack as ready for manufacture under clause 5, we will send the cutting and edging list to the Manufacturing Partner, and the hardware picking list to each Hardware Supplier. If you have chosen to have the panels drilled, we will also send the machining files to the Manufacturing Partner.

9.2 After approval we will make your order available to you on the Manufacturing Partner’s ordering system, with a link for you to pay, as soon as we reasonably can; this may take longer over weekends and public holidays. The machining (drilling) files are sent separately, usually in batches, because drilling is the last stage after the panels have been cut and edged. This does not delay your order.

9.3 We choose which Manufacturing Partner and Hardware Supplier to use. You do not have the right to require us to use a different or preferred supplier, whether or not we currently work with them. Our design software and manufacturing files are configured for the machines and systems of each Supplier we have set up, so we cannot produce a Specification for a supplier we have not set up.

9.4 We will send you each Supplier’s details so that you can confirm your order, pay, and arrange delivery or collection directly with them. To let a Supplier identify you, we may pass it the business name and contact details it needs, and the Supplier may ask you to set up or confirm an account with them. The contract you form with the Supplier is between you and the Supplier only (clause 2.4).

9.5 Our involvement in your project ends once we have sent your Specification to the Suppliers and passed you their details, other than as set out in clause 13. We are not involved in, and have no responsibility for: the Suppliers’ lead times, manufacturing quality, packaging, delivery, or terms and conditions of sale, or (subject to clause 8) their pricing.

9.6 Any issue with the manufactured goods or the hardware themselves, including damage, incorrect cutting, missing parts, late delivery, or a dispute over payment, is a matter between you and the relevant Supplier under their own terms and conditions, a copy of which they will provide to you.

10. Intellectual Property

10.1 We (or our licensors) own all intellectual property rights in the Design Pack, the Specification, our drawings, renders and 3D models, our standard modules, and any other output of the Design Service, including designs based on our standard modules and bespoke designs created for you.

10.2 You keep any rights you have in the sketches, drawings and other materials you give us, and you give us permission to use them to provide the Design Service and to pass the resulting Specification to the Suppliers. The Design Pack is our own interpretation of your materials, not a reproduction of them. You confirm that you are entitled to give us those materials and that our use of them as described will not infringe anyone else’s rights.

10.3 The full Specification (the cutting and edging list and the machining and drilling files) is sent only to the Manufacturing Partner, and the hardware picking list only to the Hardware Supplier(s). They are not provided to you. You will receive the Design Pack.

10.4 Once you have paid the Design Fee, we grant you a non-exclusive, non-transferable licence to use the Design Pack for a single build of the design you have paid for. This includes having it manufactured by the Manufacturing Partner, giving it to your own installer to fit it, installing and using it, and showing it to your own clients. Replacement of damaged or defective panels counts as part of the same single build. The licence continues for as long as you comply with clause 10.5. The interactive 3D model link may be time-limited and can be renewed on request.

10.5 You may not reproduce the design. In particular, you may not have it made more than once, or by anyone other than the Manufacturing Partner, or pass any part of the Design Pack to anyone else to obtain a quote or to have goods manufactured, without our written agreement. If you want a further build of the same design, please contact us.

10.6 Paying the Design Fee, including a fee for a bespoke design, does not transfer ownership of the design to you. We may agree a separate written assignment if you ask us for one.

10.7 If you send us photographs of a completed installation, you give us a royalty-free, perpetual licence to use them to promote Pocket Workshop, including on our website and social media. You confirm that you own the photographs or are entitled to license them, and that the property owner has agreed to their use. Please make sure that no people, house numbers or personal items are visible. Tell us if you would like a credit, or if you want us to stop using a photograph, and we will stop from then on.

11. Data Protection and Privacy

11.1 We process the information you send us (including photos, sketches, dimensions, business and contact details) to provide the Design Service, to manage your account and to contact you about your Order.

11.2 We share your Specification with the Manufacturing Partner, and your hardware picking list with each Hardware Supplier, together with the business name and contact details that the relevant Supplier needs to deal with you, so that they can make and supply your order. Our Privacy Notice sets out what each type of Supplier receives. We do not share your payment details with them, as you pay them directly. We use service providers (for example for payments, accounting and messaging) to run the service. We do not sell your information to third parties.

11.3 Our Privacy Notice, available at www.pocketworkshop.co.uk/privacy, explains how we use personal data, our lawful bases, how long we keep it, and your rights. Please read it when you register.

11.4 We do not need the names or contact details of your own customers, so please do not give them to us unless the Design Service requires it. If you do give us personal data about your own customers, you confirm that you are entitled to do so.

12. Limitation of Liability

12.1 We aim to work collaboratively and resolve any issue with the Design Service quickly and fairly.

12.2 Our total liability to you arising out of or in connection with the Design Service, however it arises, is limited to the amount of the Design Fee you paid for the relevant Order. This limit applies to our liability to you. It does not limit any rights you have against a Supplier under its own terms.

12.3 We are not liable for indirect or consequential losses, including but not limited to: loss of profit, third-party costs, delay, or installation expenses.

12.4 Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud, or any other liability which cannot be limited or excluded under English law.

13. Complaints and Problems

13.1 If the goods or hardware do not match the Design Pack you approved, or you have any other problem with the Design Service, contact us as soon as you can by WhatsApp, SMS or email, giving your Order reference and photographs where relevant. We will look into it as soon as we reasonably can.

13.2 The remedy for the goods or hardware themselves (correcting or remaking them) is provided by the relevant Supplier under its own terms. If the goods do not match the Design Pack you approved, we will raise it with the Supplier, give it the information it needs and work with it to resolve the matter, without accepting liability for the Supplier’s obligations. Your rights against the Supplier remain as set out in its terms.

13.3 If the cause is information you gave us, a change you asked for after approval, or damage, alteration or incorrect installation after delivery, we are not responsible for it, and any redesign is chargeable under clause 5.7.

13.4 Please check the goods and hardware on delivery and report any problem to the relevant Supplier promptly, within the time set by its terms. Claims about the goods or hardware are made against the Supplier under its own terms (see clause 9.6).

13.5 To make a formal complaint, email design@pocketworkshop.co.uk with your Order reference. We will acknowledge it within 5 working days and give you a full written response within 15 working days of receiving it. If we need longer, we will tell you why and when to expect a reply. If your problem is time-critical (for example, the goods are on site and installation is waiting), put “URGENT” at the start of the subject line and we will aim to reply by the next working day.

13.6 If you are not satisfied with our response, you can ask us to review it, and we will reply within 15 working days. We are willing to consider mediation before either of us starts court proceedings. This does not affect your right to bring a claim under clause 15.9.

13.7 Complaints about how we handle personal data are covered by our Privacy Notice, and you may also contact the Information Commissioner’s Office.

14. Force Majeure

14.1 We are not liable for any delay or failure to perform caused by events outside our reasonable control.

15. General

15.1 These Terms, together with your Order and our quotation, are the entire agreement between us for the Design Service and replace any earlier discussions or understandings about it. Each of us acknowledges that, in entering into these Terms, it has not relied on any statement or representation that is not set out in these Terms, our quotation or the Design Pack. Nothing in this clause limits liability for fraud or fraudulent misrepresentation.

15.2 Nothing in these Terms makes either of us the partner, employee or agent of the other.

15.3 Nobody other than you and us (including your own customers and the Suppliers) has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

15.4 You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign them, and may use subcontractors to carry out design work, provided we remain responsible to you for it.

15.5 A failure or delay by us in enforcing any right under these Terms is not a waiver of that right.

15.6 If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

15.7 We may update these Terms from time to time. The version you accept when you pay the Design Fee for an Order applies to that Order, and a later version does not change it unless you agree in writing. No other variation is effective unless agreed in writing.

15.8 Formal notices must be in writing and sent by email: to us at design@pocketworkshop.co.uk, and to you at the email address registered on your account. Day-to-day messages may be given by WhatsApp, SMS or email. Approval of a Design Pack under clause 5.4 is given through your account.

15.9 These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute.