Terms and conditions

Welcome to Rainbow Shaker, the colourful interior design service operated by Justine Guillermou and consisting of various e-design packages and bespoke services, allowing you to find just the right interior design for your requirements from the comfort of your own home.

These Terms and Conditions of Service (‘Terms’) – including our Privacy Policy– set out the terms and conditions and constitute an agreement ('Agreement') between us for use of Rainbow Shaker interior design service.

Please note that these Terms do not apply to interior design services to be provided at or for commercial or business premises. If you have those requirements, please Contact Me to further discuss your requirements.


These Terms are made between:

(1) The Consultant, Justine Guillermou, Rainbow Shaker, Bow Brook House Gathorne Street, E20PW London, referred to as the “Consultant” in these Terms.

(2) You, any person signing up to create an account, referred to as the “Client” in these Terms.

By using this Website and agreeing to use Rainbow Shaker's services, the Client, acknowledges that you have read these Terms, which will apply to the relationship between Parties. If you do not agree to the terms of these Terms, you should not use this Website.

Background

A. The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Consultant is agreeable to providing such services to the Client on these Terms.

1. Definitions and Interpretation

1.1. In these Terms, the following words shall have the following meanings:

'Appointment’ means a home appointment (On-Site visit) booked by the Client with the Consultant where the option On-Site visit is selected by the Client;

‘Business Day’ means a day (other than a Saturday, Sunday or public holiday) when banks in the City of London are open for business;

‘Client’, ‘they’, ‘their’ means an individual seeking services offered by the Consultant Rainbow Shaker, or someone authorised to act on their behalf;

‘Client Information’ means information and documents such as floor plans, measurements, budget, deadline and digital images, etc., regarding the interior space you wish to design or re-design and that we request from the Client or that the Consultant generally require and expect that the Client provides to the Consultant;

‘Client Payments’, ‘Payments’ means payments received by the Consultant from the Client;

‘Consultant’, ‘Rainbow Shaker’ ‘we’, ‘us’, ‘our’ refers to Justine Guillermou, Rainbow Shaker, Bow Brook House Gathorne Street, E20PW London

'Confidential Information' refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client indulging, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

‘Default’ an event, occurrence or incident in which the Consultant's performance of any of the Consultant's obligations under these Terms is prevented or delayed by any act or omission by the Client, or there is failure by the Client to perform any of the Client's relevant obligations;

‘Effective Date’ means the date on which the Client engages the Services of the Consultant, i.e., books the Happy Hour Consultation, or select the Virtual Happiness Makeover packages, theregister on Rainbow Shaker's website, or signs an agreement and quotation for bespoke Services with the Consultant;

‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, 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;

‘Price’ means the price payable by the Client to the Consultant in respect of the Services;

‘Services’ means services the Client receive from the Consultant;

‘E-Design Plan’ means an interior design plan the Consultant produces based on the Client Information;

‘Website’ means Rainbow Shaker’s website at www.rainbowshaker.com or any other domain under the Consultant's control;

1.2. In these Terms, the following rules of construction will apply:

1.2.1. clause and Schedule headings will not affect the interpretation of these Terms;

1.2.2. the Schedules forms part of these Terms and will have effect as if set out in full in the body of these Terms. Any reference to these Terms includes the Schedules. References to clauses and the Schedules are to the clauses and the Schedules of these Terms;

1.2.3. unless the context otherwise requires, words in the singular will include the plural and in the plural will include the singular;

1.2.4. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.2.5. a reference to a party includes its personal representatives, successors or permitted assigns;

1.2.6. unless the context otherwise requires, a reference to one gender will include a reference to the other genders;

1.2.7. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

1.2.8. any obligation on a party not to do something includes an obligation not to allow that thing to be done;

1.2.9. any phrase introduced by the terms including, include, in particular or any similar expression, will be construed as illustrative and will not limit the sense of the words preceding those terms; and.

The Parties have agreed to enter into these Terms to regulate the services provided by Rainbow Shaker to its Client and agree as follows:

2. Commencement and Duration

2.1. The relationship between the Consultant and the Client is governed by these Terms, effective from the Effective Date and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in these Terms. The Terms may be extended with the written consent of both Parties.

2.2. The Consultant will provide the services (the “Services”) to the Client on the terms and provisions set out in these Terms.

2.4. Any illustrations, descriptive matter or advertising issued by us, and any descriptions or graphics contained in Rainbow Shaker promotional material (including, among others things, any Website), are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of these Terms or have any contractual force.

2.5. These Terms apply to the exclusion of any other terms that the Parties seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3. Performance

3.2. The Parties agree to do everything necessary to ensure that the Terms take effect.

4. Choice of language

4.1. The Client has the choice of communication language between English and French for the performance of the Services. However, the Client acknowledges having received all contractual documents in English. If the Client has been provided with a copy of the contractual documents or any other document related to the project translated into a language other than English and if the translated version differs from the English version in any way, the English version will prevail.

5. Payment

5.1. The Website will display information on the Consultant's Services, including the types of service available, availability, pricing, and geographic scope and other relevant details. Prices are in GBP and can be varied at any time without notice. Any quotation given is valid for thirty (30) days only.

5.2. There is no obligation on the Consultant to accept a request for Services, at any time or at all. If the Consultant do accept such a request, then the Consultant will contact the Client to explain the next steps.

5.3. Penalty interest on late payments shall apply at a rate of eight percent (8%) above the base lending rate of the Bank of England from time-to-time.

5.4. The Client will pay all amounts due to the Consultant under these Terms in full without any deduction or withholding and the Client will not be entitled to assert any credit, set-off or counterclaim against the Consultant in order to justify withholding payment of any such amount in whole or in part.

5.5. The Consultant occasionally make available promotional discounts for Happy Hour Consultation or Virtual Happiness Makeover packages but these will not be applied retroactively to purchases that have already been made. Furthermore, these are personalised promotions and therefore only for the Client in receipt of the promotion.

5.6. If there is any amount remaining, the Consultant will invoice the Client upon execution of this Agreement.

5.7. Invoices submitted by the Consultant to the Client are due upon receipt.

6. Happy Hour consultation

6.1. To order, the Client needs to book the consultation on the date of availability, enter their personal information when prompted, and then pay. The Consultant reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from the Client and others, and for holding funds in escrow, where appropriate.

6.2. The Consultant will take full payment up front and will only start working on the Client's detailed summary after the consultation date, once Payment and all Client Information have been received.

6.3. The Consultant reserves the right to postpone or cancel the consultation if the Client hasn't filled in the questionnaire, sent by email by the Consultant to the Client at the time of booking, at least 3 days before the Happy Hour Consultation, or if the Consultant thinks that the Client's information provided are not sufficient for the performance of the Services.

7. Virtual Happiness Makeover e-design packages

7.1. To order, the Client needs to select one or more of the e-design packages depending on their budget and requirements, enter their personal information when prompted, and then pay. The Client may also select optional extra services on offer from time-to-time, though some or all of these may be subject to geographical restrictions. The Consultant reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from the Client and others, and for holding funds in escrow, where appropriate.

7.2. The Consultant will take full payment up front and will only start working on the Client's e-design once Payment and all Client Information have been received and the Client has requested the performance of the Services before expiration of the withdrawal period, once informed about the loss of their Right to Withdraw from the Agreement.

7.3. Once an e-design package has been selected, the Consultant will contact the Client to request their Information and ask to complete a questionnaire, which the Client should provide to the Consultant by email or via Rainbow Shaker's Website. This is the Client's opportunity to set out, in detail, the Services required. Details the Consultant may require include (among other things) the location and size of the relevant rooms or spaces, the number and type of rooms of which the interiors are to be designed or re-designed, the style and type(s) of decorating and other aesthetic features required.

7.4. The Client warrant and confirm that their Information they disclose to the Consultant will be sufficient, accurate and complete in every respect.

7.5. Based on the Client Information, the Consultant then curate a e-design plan, which is a tailored digital design for that specific room or space. the Client acknowledges and agrees that any e-design plan the Consultant produces for the Client is intended for illustrative purposes only and is not intended to provide an exact specification for an interior design project nor to guarantee specific results, nor will it necessarily comply with any relevant construction laws, regulations or guidance, whether statutory or non-statutory.

7.6. Where the option of ‘revision’ is included in a package, this consists of a change of up to one (1) time of the concept design. On receipt of the Client's revision requests, the Consultant reserve the right to request payment of additional fees before continuing further work where we are reasonably of the view that the Client's request(s) will involve a substantial material revision to the e-design Plan.

7.7. Each package offers ‘design time’ during which period the Consultant is available by email support and guidance. For the abundance of clarity, ‘design time’ does not include further substantial design work.

7.8. At all times during the e-design process, the Client is under an obligation to respond promptly and fully to the Consultant. Should contact cease for a continuous period of three (3) months or you fail to provide responses to us that, acting reasonably, the Consultant considers to be satisfactory in assisting progression of the Client's e-design, the Consultant will regard their project as completed and no further work will be carried out and the Consultant also reserves the right to terminate our Services forthwith in those circumstances.

7.9. The Consultant will offer a helpline and will also be contactable by email.

7.10. For clarity, where a package includes 3D renders of e-designs, ‘revision’ eligibility does not include additional 3D renders. Any such requests will be treated as substantial material revisions to the e-design plan and a quotation for additional fees will be provided to the Client.

8. On-Site visit and Optional Extras

8.1. If the Client selects a package with an option that includes an Appointment, they acknowledge and agree as follows:

8.1.1. Appointments may be restricted to certain geographical areas. Please check Rainbow Shaker's Website for up-to-date information on eligibility.

8.1.2. The Consultant reserves the right to refuse an Appointment for any reason or no reason and to refund the Client in full or in part in those circumstances.

8.1.3. Rainbow Shaker's On-Site visit option is not a full interior design service. While the Consultant may undertake indicative measurements of rooms and spaces, this will be for guidance and illustrative purposes only and it will be the Client's responsibility to review, ensure and verify the accuracy of such measurements to their own satisfaction.

8.1.4. The Consultant will use reasonable endeavours to agree and book an Appointment with the Client at a time and on a date that is convenient to the Client, but the Consultant offers no guarantee.

8.2. If the Client selects an Optional Extra service, you agree that the terms will be as set out on Rainbow Shaker's Website from time-to-time and these take precedence and modify these Terms accordingly. Subject to this:

8.2.1. If the Client select the options Paint schedule, floorplans or lighting plans, the Consultant will endeavour to scale up these documents provided by the Client or your Third-Parties Contractors with reasonable accuracy. The Consultant does however require the Client to check these documents are accurate and correct before beginning any form of design work such as hiring tradesmen, requesting quotes and purchasing furniture and other items.

8.2.2. The standard time for issuing a Client's Virtual Happiness Makeover is three (3) weeks. The Client has the option to modify the duration of execution of the Virtual Happiness Makeover to seven (7) Business Days. However, if a Revision has been asked by the Client, an additional period of time will be added to the selected duration.

9. Tailored Happiness Projects

9.1. The Client can request fully bespoke Services for a personalised project which will be referred to as Tailored Happiness Project. The Client will then contact directly the Consultant through the contact form provided on Rainbow Shaker's Website or book an introductory call.

9.2. The terms of payment and additional terms and provisions specific to this type of project (such as purchasing, execution,...) will be outlined in an additional Agreement, which will complement these Terms, provided by the Consultant to the Client.

9.3. The Consultant reserves the right to engage a commercial payment processor for the purpose of receiving and processing payments from the Client and others, and for holding funds in escrow, where appropriate.

9.4. The Client warrant and confirm that their Information they disclose to the Consultant will be sufficient, accurate and complete in every respect.

9.8. At all times during the design process, the Client is under an obligation to respond promptly and fully to the Consultant. Should contact cease for a continuous period of three (3) months or the Client fails to provide responses to us that, acting reasonably, the Consultant considers to be satisfactory in assisting progression of the Client's design, the Consultant will regard their project as completed and no further work will be carried out and the Consultant also reserves the right to terminate our Services forthwith in those circumstances.

9.9. The Consultant will offer a helpline and will also be contactable by email and WhatsApp during Business Days.

9.10. For clarity, where a Proposal includes 3D renders of e-designs, ‘revision’ eligibility does not include additional 3D renders. Any such requests will be treated as substantial material revisions to the e-design plan and a quotation for additional fees will be provided to the Client.

10. Confidentiality

10.1. The Consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Consultant has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will end on the termination of this Agreement except in the case of any Confidential Information which is a trade secret in which case those obligations will last indefinitely.

11. Intellectual Property Rights

11.1. All intellectual property and related material (“the “Intellectual Property”) that is developed or produced under thess Terms, will be the property of the Consultant. The Client is granted a non-exclusive limited-use licence of this Intellectual Property.

12. Capacity / Independent Consultant

12.1. In providing the Services under this Agreement it is expressly agree that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

13. Right of substitution

13.1. Except as otherwise provided in these Terms, the Consultant may, at the Consultant’s absolute discretion, engage a third party sub-contractor to perform some or all of the Services and the obligations of the Consultant under these Terms and the Client will not hire or engage any third parties to assist with the provision of the Services.

13.2. In the event that the Consultant hires a sub-contractor:

13.2.1. the Consultant will pay the sub-contractor for its services and the Payment will remain payable by the Client to the Consultant.

13.2.2. for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Consultant.

14. Autonomy

14.1. Except as otherwise provided in this Agreement, the Consultant will have full control over working time, methods, and decision making in relation of the Service in accordance with the Agreement. The Consultant will work autonomously and not at the direction of the Client. However, the Consultant will be responsive to the reasonable needs and concerns of the Client.

15. Assignment

15.1. The Consultant will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

16. Terms

16.1. Is is agreed that there is no representation, warranty, collateral agreement or condition affecting these Terms except as expressly provided in these Terms.

17. Enurement

17.1. These Terms will enure to the benefit and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

18. Governing law and Jurisdiction

18.1. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of England. Each Party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

19. Third parties

A person who is not a party to these Terms will not have any rights under or in connection with it.

20. Rights and Remedies

The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

21. Variation

Except as set out in these Terms, any variation, including the introduction of any additional terms and conditions to these Terms, will only be binding when agreed in writing and signed by the Consultant.

22. Information on the Right to Withdraw

22.1. Information on the Right to Withdraw

The Client has a statutory right to withdraw from the Agreement for the provision of access to content or digital Services of the Consultant within 14 days without giving any reason.

The deadline to withdraw from the Agreement expires after 14 days from the date of the conclusion of the Agreement.

For the Client to exercise their right of withdrawal from the Agreement, the Client must inform the Consultant Justine Guillermou, Rainbow Shaker, Bow Brook House, Gathorne Street, E20PW London, email: justine@rainbowshaker.com, of the Client's decision to withdraw from this Agreement by an unequivocal statement (e.g. via a letter sent by post or email).


The Client can use the model withdrawal form annexed to the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020 item 287 with amendments).


To meet the withdrawal deadline, it is sufficient for the Client to send information relating to the exercise of their right to withdraw from the Agreement before the expiration of the withdrawal period.


If the Consultant starts performing the Services before the expiration of the withdrawal period at the Client's requests, you will be required to pay for the Services already provided up until the point the Client informed the Consultant of their wish to withdraw. The amount due will be calculated in proportion to the full price of the Services, and the actual Services already provided. Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis. If the Services are completed, you will lose the right to withdraw.

22.2. Effects of Withdrawing from the Agreement

If the Client withdraw from this Agreement, the Consultant will immediately return to them all payments the Consultant have received from the Client, and in any other case, no later than 14 days from the day on which the Consultant was informed about the Client's decision to exercise the right to withdraw from this Agreement.

The Consultant will refund the payment using the same payment methods that were used in the original transaction unless the Client has explicitly consented to some other solution; in any case, the Client will not incur any fees in connection with this refund.

If the Client has requested the commencement of the provision of Services before the deadline for withdrawal from the Agreement, the Client will pay the Consultant an amount proportionate to the scope of the services provided until the Client informed the Consultant of their withdrawal from this Agreement.