1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
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 products 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.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
(a) You are an individual.
(b) You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions of these terms which are specific to consumers only or to businesses only shall be stated as such.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are The Patio Black Spot Removal Company Ltd, a company registered in England and Wales. Our company registration number is 07939914 and our registered office is at West House Milford Road, Elstead, Godalming, Surrey, GU8 6HF. Our registered VAT number is GB174684669.
2.2 How to contact us. You can contact us by telephoning our customer service team at Freephone 0800 500 3032 or 01252 702123 or by writing to us through our contact form on our website.
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 Quotations we make. Any quotation we give you shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.
3.2 Our order procedure. You may make an order by completing the order form provided with these Terms and providing it to us, or through our website or by telephone. Any order made through our website or by telephone shall be subject to these Terms. An order by you constitutes an offer to purchase a product (which may be goods and/or services) from us.
3.3 How we will accept your order. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
3.4 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.
3.5 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 product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.6 We only sell services to the UK. Our sales literature and website are solely for the promotion of our services in the UK. Unfortunately, we do not accept orders for services from addresses outside the UK.
3.7 We only sell products to certain territories. Our sales literature and website are solely for the promotion of our services in specific territories. We only accept orders for products from:
(a) the United Kingdom;
(c) Isle of Man;
unless otherwise specified.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website and in our sales literature are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities and measurements indicated on our website have a 2 % tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website and in our sales literature.
4.3 Making sure your measurements are accurate. If we are required to advise on which product is appropriate, or give an estimate of costs for a service based on specifications you have given us, you are responsible for ensuring that these specifications are correct.
4.4 Statements of size are estimates only. Many of our products include specifications regarding the size of patio that they are appropriate for. This is not a warranty as to the patio size that the product can clean, but merely an estimate based on the product being used in accordance with its instructions.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product or service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat or conform with any change in health and safety legislation. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to the formula or name. If we do make such changes, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be told to you during the order process, displayed to you on our website or may be included in the quoted price (as applicable).
7.2 When we will provide the products.
(a) If the products are goods. If the products are goods requiring no installation, we will use:
(i) if you are in Guernsey, Isle of Man or Jersey, our standard maximum 7 working day delivery; or
(ii) delivery if you are in Ireland, France, Germany or Spain, our standard maximum 10 working day; or
(iii) if you are in the United Kingdom (but not Northern Ireland), our standard maximum 3 working day delivery;
in each case, unless otherwise specified during the order process.
(b) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(c) If the products are ongoing services (for example routine cleaning and prevention). We will supply the services or goods to you until you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10 or if the ongoing services were agreed to continue by reference to a term, that term expires.
7.3 We are not responsible for delays outside our control. If our supply of the products 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 products you have paid for but not received.
7.4 If you are not available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave the Products, at your risk, in the place designated by you when you place an order.
7.5 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 without having provided us with not less than 24 hours notice, 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 10.2 will apply.
7.6 Your legal rights if we deliver late and you are a consumer. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Setting a new deadline for delivery where you are a consumer. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 Ending the contract for late delivery where you are a consumer. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them). After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.9 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.10 When you own goods. You own a product which is goods once we have received payment in full.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the product or service to you, for example, the measurements and material of your patio. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6.).
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.3) and you still do not make payment within 14 days days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you legitimately and reasonably dispute the unpaid invoice in good faith (see clause 14.8). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.7).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 When you can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12. if you are a consumer and clause 13. if you are a business
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 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 products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) we have otherwise materially breached these terms and conditions.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online 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.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) any products which become mixed inseparably with other items after their delivery; or
(d) any special order products (as will be defined in the quote provided to you during the order process) which do not constitute our normal operating stock, once we have placed an order for such products from a third party, even if the cancellation period is still running.
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, a patio cleaning service)? If so, 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.
(b) Have you bought goods (for example, our Patio Black Spot Preventer)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.6 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 are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract including but not limited to removal of such products and costs of re-packaging and re-stocking products.
9. HOW TO END THE CONTRACT WITH US
(including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email:
Call customer services on Freephone 0800 500 3032 or 01252 702123 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.