William Tracey Group Ltd. Skip Hire for Consumers: Our Terms and Conditions of Business

Transcription

1 William Tracey Group Ltd. Skip Hire for Consumers: Our Terms and Conditions of Business These terms and conditions, together with our Privacy Policy, apply to any skip that you may hire from us. Please read all of these terms and conditions carefully before you order any skip from us because by ordering, you agree to be bound by them. If you do not accept our terms and conditions, you should not order any skip from us. You should keep a copy of these terms and conditions for your future reference. 1. CONSUMERS ONLY These terms and conditions apply to consumers only; that means people who want to hire a skip from us for personal use and not for any business purposes. If you want to hire a skip for business purposes, our Terms and Conditions for Businesses apply. 2. YOUR PERSONAL DETAILS 2.1 As part of your order, you will be asked to provide information such as your name, address, telephone number and, if you order over our website, address. You are responsible for ensuring that all information you provide to us is true and accurate. 2.2 To ensure that your credit, debit or charge card is not being used without your consent, we may carry out certain identity, credit and fraud checks, including validating the name, address and other personal information that you give to us during our ordering process. We will use certain third party databases to do so. 2.3 We think it is important that you know exactly what personal details we collect from you and how we look after and use them. In particular, please note that we may use your information to contact you by letter, phone or about our promotions, products or services that we think may be of interest to you. This issue is very important to us, so we have set out full details in our Privacy Policy which you can find on our website at 3. HOW IS THE CONTRACT FORMED BETWEEN US? 3.1 We may give you a quote in person, in writing, including through our website, or by phone. All quotes are valid only on the day we issue them unless otherwise stated on the quote. We may withdraw a quote at any time prior to acceptance. A quote is not an offer from us and cannot be accepted. 3.2 If you place an order with us, then that is an offer from you and we may choose whether or not to accept your order. 3.3 A contract is formed between us when we confirm by phone or in writing that we have accepted your order. 3.4 Each order you place which is accepted by us forms a separate contract. 1

2 4. DESCRIPTION The skip shall be as described in our quote and on our website. We may at any time and without notice: (i) alter the t specification of the skip to ensure that the skip conforms to any applicable safety or statutory requirements; and/or (ii) deliver a larger skip than the one you have ordered. 5. GOODS Delivery of Skip We will do our best to deliver to you in accordance with the t delivery date set out in your quote, or if no date is set out, within at least 30 days. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that iss the case, we will try to contact you as soon as we are able to in orderr to reschedule your delivery date. We will deliver to the address you have registered with us or (if different) the address you specified when requesting a quotation. We may restrict deliveries to certain areas or remove certain areas from our delivery schedule altogether but we will w always make this clear to you when your order Delivery of the skip willl be deemedd to have taken place when w it has designated by you (including on a public road, where this iss permitted) authorised by you has signed our delivery confirmation form. The location of the skip must at all times be as follows: been left att a place and you or a person 2

3 5.5 If you provide us with an incorrect delivery address and your order is delivered to someone else we cannot be responsible for any losses you may incur as a result so please ensure that you have provided all your details correctly. Use of the skip 5.6 In respect of each skip, you must: ensure that an authorised person is present at the time of delivery to acknowledge delivery; ensure that all necessary arrangements are put in place to safely accept the delivery, use and collection of the skip including providing an appropriate location (including on a public road, where this is permitted), complying with clause 5.4, obtaining and maintaining permits to the extent that we have not expressly agreed to do this, complying with the conditions of any permits, ensuring delivery and collection access is clear and available (noting that delivery vehicles are both larger and heavier than private cars); not enter or mount any vehicle we use to deliver the skip and we may stop the relevant delivery if you attempt to do so; not overload the skip; not deposit any of the following materials in the skip: o asbestos; o tyres; o refrigeration equipment; o gas cylinders; o chemicals; o paints; o oils and solvents; o acids or other corrosive substances; o fluorescent light bulbs; o septic tank waste; o batteries; o medicines; o contaminated soil; o electronic or electrical equipment; or o any other prohibited, dangerous or hazardous substances. 5.7 If we believe that it would be unsafe to make a delivery of a skip to you then we may suspend the relevant delivery unless or until we are satisfied (acting reasonably) that it would be safe for us to proceed. 3

4 Charges for the skip 6. PAYMENTS 6.1 We will normally ask you to pay for skip upfront when you place your order. 6.2 If we do not ask you to pay upfront, invoices are payable within 30 days of the date of receipt, unless agreed otherwise. 6.3 Payment can be made by credit, debit, charge card, cheque or via internet or telephone banking, unless agreed otherwise. If you pay using a credit card then we may charge you a reasonable card processing fee to cover our costs and the fees we incur from the credit card companies. Any credit card charge will be made clear to you at the time of order and will be shown on your invoice. 7. LATE PAYMENT 7.1 If you do not pay us on time (or if you direct debit is returned unpaid by your bank or is otherwise overdue) we may do any or all of the following: cancel or suspend the contract (and any other contracts we have with you); withdraw any outstanding quotations or refuse to accept any further orders from you; cancel any discount we previously offered to you under the contract; without notice suspend or cancel delivery of the skip under the contract, and any other contract, until you pay the outstanding amounts in full; and/or require you to pay either: (i) a late payment surcharge - this will be a reasonable amount to reflect our costs; or (ii) charge interest on the outstanding amount, calculated on a daily basis from the due date for payment up to the date of actual payment, at the rate of 4% above the base lending rate of Barclays Bank from time to time. You must pay us this interest together with the overdue amount. 8. CANCELLATION AND REFUNDS I've changed my mind and want to cancel 8.1 In addition to any other cancellation rights set out in these terms and conditions, you have the right to cancel an order within 14 days beginning on the day after the skip is delivered to you. 8.2 To cancel your order, you must tell us that you want to cancel, either by completing and sending us the cancellation form in the schedule to these terms and conditions and on our website at or by ing us at info@wmtracey.co.uk or calling Customer Service on To meet the cancellation deadline, it is sufficient for you to send us your cancellation notice before the cancellation period has expired. 4

5 8.3 If you cancel an order, we will reimburse to you all payments received from you including the costs of delivery but less the costs we incur in collecting the empty skip from you. This charge will depend on your location and the size of the skip, but it will not exceed the original price agreed for the hire of the skip. 8.4 We will make the reimbursement without undue delay and not later than 14 days from the day you tell us you want to cancel. 8.5 Where we give you a reimbursement, we will use the same method of payment originally used by you (unless you agree otherwise); in any event, you will not incur any fees as a result of the reimbursement. I am not happy with the skip or its delivery or collection 8.6 We will provide all our services with reasonable skill and care. 8.7 If you have any concerns over the skip we have supplied to you or any other matter, in the first instance please contact Customer Service who will do their best to assist you. 8.8 Our commitment to act with reasonable skill and care is in addition to your legal rights in relation to goods that are defective or not as described or services that are performed poorly. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. 9. OUR LIABILITY 9.1 If we fail to comply with these terms and conditions, we shall only be liable to you for the price you paid for the skip and other losses that you suffer as a direct result of our failure to comply which are a foreseeable consequence of such failure. 9.2 Nothing in these terms and conditions 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 12 of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 1987; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. 10. GENERAL 10.1 Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable) Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above). 5

6 10.4 All aspects of the contract formed in respect of your use of our site shall be governed by Scottish law and the parties agree to the non-exclusive jurisdiction of the Scottish courts. 11. CUSTOMER SERVICES If you have any questions or complaints, please contact our Customer Services team on between the hours of 8am 5pm Monday to Friday. We do not charge premium rates for calls you make to us. Alternatively, please us at or write to us at William Tracey Limited, 49 Burnbrae Road, Linwood, PA3 3BD. 12. INFORMATION ABOUT US Our full legal name is William Tracey Group Ltd. We are company registered in Scotland. Our company number is SC and our registered address is 49 Burnbrae Road, Linwood, PA3 3BD. Our VAT number is GB Last revision date: June

7 Schedule CANCELLATION FORM To: William Tracey Group, 49 Burnbrae Road, Linwood, PA3 3BD. I/We hereby give notice that I/We cancel my/our Contract for the supply of a skip ordered on [date] or delivered on [date]. Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: 7