5. Fees and Expenses  

1. You will pay the fee for the Service stated on our website or as agreed in a Proposal (as applicable). 

2. Some Proposals may contain a fee estimate for the Services. This is based on the information provided by you and our assessment of the work involved. The quote is not fixed, and the final fee payable by you may vary from the estimate. 

3. Where Services are displayed with or stated to have a fixed fee, the fee will not vary unless the scope of work changes or additional services are requested by you (any additional services will be quoted separately in a new Proposal). 

4. All fees we display on our website (or in a Proposal) are in New Zealand dollars and GST inclusive unless otherwise stated.   

6. Payment Terms 

1. All fees (and any expenses incurred by us and approved in advance by you) must be paid by you at the time and in the manner stated on our website for the relevant Service Package, or as agreed in a Proposal. We will invoice you accordingly. Unless otherwise stated in a Proposal, invoices are payable within 7 days from the invoice delivery date.  

2. All fees (and expenses) must be paid in New Zealand dollars, in cleared funds, into the bank account specified in writing by us and free of any restriction, set-off, deduction or withholding (except as required by law). 

3. You may be directed to our payment provider’s website to complete payment. Their terms and conditions will also apply, and additional fees may apply for payment by credit card. 

4. If you are required to register an account to purchase the Services, you must keep your account password secure, not let anyone else use your account, and notify us of any unauthorised use of your account.  

5. If there is a delay or variation to the Services (including the deliverables) because you request to vary the Services, or because you fail to meet your obligations under these Terms, we may amend the fee by written notice to you to reflect any increased costs or additional time we will incur as a result.  

6. If you don’t pay any money due under these Terms by the due date, we will notify you in writing. If any amount remains unpaid 7 days after we give you notice, we may charge interest on the overdue amount at 5% per annum above our bank’s then-current commercial overdraft base rate, calculated daily from the due date until paid in full. You will reimburse us for all debt collection, legal and other costs we incur in recovering any amount overdue. 

7. Intellectual Property

1. All design packages and their contents are the intellectual property of Bean Interiors.

2. The information contained in the package is for personal use only (unless stated otherwise). You are strictly prohibited from reproducing, distributing, modifying, or using the designs, either in part or in full, for any commercial or non-commercial purposes without explicit prior written consent from Bean Interiors. Unauthorized use may result in legal action.

8. Warranties and Disclaimers 

1. In performing the Services, we will: 

   -use the care and skill reasonably expected from a provider of similar services in New Zealand; and

   -use appropriately qualified and experienced people and comply with all applicable laws. 

2. All design materials are conceptual and intended for presentation or planning purposes only unless otherwise stated.

   Important Construction & Installation Disclaimer 

3. Our Deliverables are not construction documentation and must not be relied upon for construction, fabrication, or installation.

4. You are responsible for ensuring compliance with any applicable building codes, consent requirements, or health and safety regulations.  

5. You are responsible for obtaining building or resource consents. 

6. Where the Services include site visits, we will take reasonable care in accessing the premises. 

7. We do not provide project management or installation services. Any recommendations we provide regarding suppliers or trades are provided in good faith and without liability for their performance. 

8. We will use reasonable endeavours to perform the Services and provide the resulting deliverables to meet the timeframes set out on our website for the relevant Service Package or as agreed in a Proposal. However, all dates are estimates only. If we anticipate being unable to meet such timeframes, we will notify you as soon as reasonably practicable and provide reasons for the delay. Any delays due to unclear or untimely input or feedback from you, third-party delays, or circumstances outside our reasonable control will result in a corresponding extension to the timeframe and may incur additional charges if they result in additional work. 

9. We warrant to you that the deliverables (in the form delivered to you) will not violate any third party’s intellectual property rights, provided that any materials or content provided by you to us do not infringe any third party’s intellectual property rights.  

10. We will not be liable for any loss, damage or cost incurred by you which results from: any variation, delay, or direction given or caused by you; any circumstances beyond our reasonable control (such as acts of God or delays in subcontractors); or any change in the use of the Services from what was contemplated in the Proposal (if applicable).

11. In providing the Services, we may make recommendations to you. However, you are wholly responsible for your decision to proceed (or not) with such recommendations. 

12. Other than as expressly stated in these Terms or a Proposal, we exclude all warranties, conditions or obligations to the greatest extent permitted by law.  

13. You agree that the Services are being purchased for business purposes and therefore the Consumer Guarantees Act 1993 does not apply. 

14. Where our deliverables include final design files, these will be in PDF, JPG or PNG format. Access to editable or source files or files in other formats may incur additional costs unless specifically included in Proposal. 

    Product Selection, Trade Purchasing & Supplier Disclaimer 

15. All product recommendations, finishes, materials, fixtures, fittings, furniture selections, suppliers, and trade recommendations are provided for guidance only. 

16. We do not guarantee product availability, lead times, manufacturing consistency, performance, suitability, or quality. 

17. Where we place orders on your behalf, we act solely as your disclosed agent. Ownership, risk, warranty, and supplier obligations remain directly between you and the supplier. We accept no responsibility for supplier delays, defects, discontinuations, warranty claims, or performance. 

9. Cancellation and Suspension 

1. Due to the digital nature of the product, all sales are final, and refunds are not provided.

2. If you experience technical issues with the product, such as being unable to open the PDF file, please contact Bean Interiors within 7 days of issuance to explore solutions.

3. If you fail to pay any amount by the due date, we may choose not to perform the Services (or provide the deliverables) until payment is received in full and will not be liable for any loss you may incur as a result.

4. Services will end on the date specified in the Design Package or Proposal.

10. Limitation of liability 

1. Our maximum total liability for any losses, claims, costs or damages incurred by you in connection with the Services (however arising) will not exceed the amount of fees actually paid by you for the specific room, space or discrete Service component to which the claim relates, and not the total project fee. 

2. We are not responsible for any loss of profit, revenue, business opportunity, data, goodwill, savings or other consequential, special, indirect, exemplary or punitive loss or damage incurred by you in connection with the Services.

11. General legal terms

1. We may change these Terms at any time by posting the new Terms on our website. Any change to the Terms will take effect from the date the new Terms are posted, except existing Design Packages or Proposals, which will continue under the existing Terms until the Services are completed or cancelled.  

2. The Services are only available to you and cannot be transferred to or shared with anyone else without our prior written consent. 

3. We may assign, transfer or subcontract any of our rights or obligations under these Terms and any Proposal without your prior consent. 

4. If you comprise more than one person, each of those persons’ liability and agreement is joint and several. 

5. The laws of New Zealand govern these Terms. The parties submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising from these Terms. Although our Services may be accessed from countries outside New Zealand, we cannot guarantee that our Services or any deliverables we provide comply with the laws in any country other than New Zealand.