Terms and Conditions
This page tells you the terms and conditions on which we supply and includes any of our services listed on our website www.clarence-william.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering anything from our site or via telephone or any other means of communication. You should understand that by ordering anything from us or booking a service from us, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference or can ask us for a copy.
INFORMATION ABOUT US
- We, Clarence William Appliance Repair, operate the website www.clarenc-william.co.uk. We have our office at 5 Plover Court, Barton upon Humber, DN18 5FD
- We do not accept orders from outside our coverage area
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old;
- you are resident in the UK.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order or booking, via e-mail or through our site we will contact you by phone, text or -email to confirm your desired date or to let you know our next available dates.
Please note that this does not mean that your booking has been accepted. Your booking constitutes an offer to us to buy services. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or calling you, to confirm your booking ( Booking Confirmation). The contract between us (Contract) will only be formed when we send or call you with the Booking Confirmation.
- The Contract will relate only to those services whose booking we have confirmed in the Booking Confirmation. We will not be obliged to supply any other services which may have been part of your order until the booking of such services has been confirmed in a separate Booking Confirmation.
CONSUMER RIGHTS & CANCELLATION
- If you are contracting as a consumer, you have the right to cancel your Contract for services at any time before the expiry of the “cooling-off period“, which is a period of seven (7) working days after the date on which our contract with you is formed.
- If your order is cancelled in accordance with clause 5.1 you will receive a full refund of the price paid for the goods and/or services in accordance with our refunds policy (set out in clause 10 below).
- To cancel a Contract, you must inform us via telephone, email or web message no later than 4 business hours prior to the time of your booking time slot.
- You will not have any right to cancel a Contract for the supply services after the end of the cooling-off period; or
if you have agreed to performance of these services before the cooling-off period has ended.
OUR RIGHT TO CANCEL
- The sale and supply of services are always subject to availability of stock, and authorisation of your payment details, so:-
- In the event that we are reasonably unable to supply the services which you have ordered and in the time frame of your order due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods or services which we are unable to supply, be treated as cancelled. Any prepayment which you have made will be refunded to you in full.
- In the event that your payment is not authorised, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.
AVAILABILITY AND DELIVERY
- Your order will be fulfilled on the booking date set out in the Booking Confirmation or, unless there are exceptional circumstances at mutually agreed alternative date.
- The services will be delivered to you at the address you provided during the order process.
- We shall not be liable for any delay in completing performance of the service, however caused.
FAILURE TO PROVIDE ACCESS
- If delivery of services ordered by you was not successful due to your failure to provide access to the property as per your order, we reserve the right to charge you no access fee of £29.99 + vat
PRICE AND PAYMENT
- The price of the services will be as quoted on our site, except in cases of obvious error.
- Services prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods and/or services in full before the change in VAT takes effect.
- Services prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Booking Confirmation.
- Our site contains a number of services and it is always possible that, despite our best efforts, some of the services listed on our site may be incorrectly priced. We will normally verify prices as part of our booking confirmation procedures so that, where services correct price is less than our stated price, we will charge the lower amount when dispatching the good and/or service to you. If services correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming your booking, or reject your order and notify you that we are rejecting it.
- If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the services to you at the incorrect (lower) price.
- Payment for all services must be by credit or debit card or cash we accept most major debit and credit cards. However, we do not accept payment by: Diner’s American Express; or American Express Diners Club
OUR REFUNDS POLICY
- If you cancel your booking for services to us:
- because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund in full any moneys you have paid.
- If we have attended your property or have collected or have received your goods as per your instruction to effect a repair within seven days of your making the booking, you agree to wave your right to the seven day cooling off period and no refund will be due.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any goods purchased from us through our site will, on delivery and for the following 12 months (unless stated otherwise), conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which goods of that kind are commonly supplied.
Spare parts only carry the manufactures warrantee of 3months
- Our maximum aggregate liability to you for losses or damages suffered shall not in any circumstances exceed the price paid for the services.
- We will not be liable for the following losses or damage
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
- loss of fridge or freezer content.
- unpreventable damage caused by debris under an appliance.
- Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982;
- defective goods under the Consumer Protection Act 1987;
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Clarence William Appliance Repair, 5 Plover Court Barton upon Humber DN18 5FD or email us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when booking a service, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order goods and or services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods and or service).
LAW AND JURISDICTION
Contracts for the purchase of goods and or services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.