House clearance service – terms and conditions

 

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply house clearance services (“Services”) to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are St Nicholas Hospice Trading Limited a company registered in England and Wales. Our company registration number is 02176804 and our registered office is at Macmillan Way, Hardwick Lane, Bury St Edmunds, Suffolk, IP33 2QY. Our registered VAT number is 997336461

2.2 How to contact us. You can contact us by telephoning our customer service team at 01284 747622 or by writing to us at Unit 9, Bartons Retail Park, Barton Road, Bury St Edmunds, IP32 7BE or email houseclearance@stnh.org.uk

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we [email OR write OR call OR contact] you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. PROVIDING THE SERVICES

4.1 When we will provide the Services. We will begin the services on the date agreed with you during the order process.

4.2 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

4.3 If you do not allow us access to provide Services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 7.2 will apply.

5. YOUR RIGHTS TO END THE CONTRACT

5.1 You can end your contract with us.  Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:

(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;

(b) If you have just changed your mind about the product, see clause 5.3;

(c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 5.6.

5.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the Services may be significantly delayed because of events outside our control;

(c) you have a legal right to end the contract because of something we have done wrong.

5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Services bought off-premises you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

5.4 When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of the Services once they have been completed even if the cancellation period is still running.

5.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

5.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 5.1), you can still end the contract before it is completed.  A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end the contract before it is completed where we are not at fault and you have no right to change your mind, just contact us to let us know.  We will refund any advance payment you have made for Services which have not been be provided to you.

6. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on 01284 747622 or email us at houseclearance@stnh.org.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

6.2 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

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6.3 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us that you have changed your mind.

7. OUR RIGHTS TO END THE CONTRACT

7.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services

(c) you do not, within a reasonable time, allow us access to the premises to supply the Services;

7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract OR a percentage of the price calculated as per clearance depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.

8. IF THERE IS A PROBLEM WITH THE SERVICES

8.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team on 01284 747622 or e mail us at houseclearance@stnh.org.uk. Please provide your name, home address

8.2 Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

• you can ask us to repeat or fix a Service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

• if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.

• if you haven’t agreed a time upfront, it must be carried out within a reasonable time.

9. PRICE AND PAYMENT

9.1 Where to find the price for the product. The price of the Services will be the price indicated on your order form [plus VAT].

9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

9.3 When you must pay and how you must pay. We accept payment with all major credit cards with the exception of American express. You must make an advance payment of 100% of the price of the Services, before we start providing them.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.

10.3 When we are liable for damage to your property. We will make good any damage to your property caused by us while providing the Services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.

10.4 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the Services to you;

(b) to process your payment for the Services; and

(c) if you agreed to this during the order process, to give you information about similar Services that we provide, but you may stop receiving this at any time by contacting us.

11.2 [We may pass your personal information to credit reference agencies. Where we extend credit to you for the Services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.]

11.3 We will only give your personal information to [other] third parties where the law either requires or allows us to do so.

12. OTHER IMPORTANT TERMS

12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.