Terms and Conditions for Supply of Services to Consumers (off-Premises)
1.
Who are we and our contact details
1.1.
I am a sole trader Catherine Joyce of 35 Beach Road West Portishead BS20 7HX trading as Inspiring Gardens with my principal place of business as 35 Beach Road West Portishead BS20 7HX.
1.2.
You can get hold of us in any of the following ways:
- by telephoning us on 07504 576 498;
- by emailing us at catherine@inspiring-gardens.co.uk
- by writing to us at 35 Beach Road West Portishead BS20 7HX.
1.3.
In case you need it, our VAT number is VAT NUMBER.
2.
What do these terms do and why are they important?
2.1.
These terms and conditions are important. Please read them carefully before you place an order with us. They explain how we will supply you with the services that you have ordered. They describe our payment terms and delivery times. They also set out the situations in which this contract may be amended or cancelled by you (including within a cooling-off period) or by us and what you should do if there is a fault with the services which we have supplied to you, amongst other matters.
2.2.
If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
2.3.
We only supply services in the UK.
3.
Your personal details and how we will contact you
For information about how we collect and use your personal information, please see our privacy notice which is available here (www.inspiring-gardens.co.uk).
4.
Order Process and the Contract between you and us
When you place an order with us the legal contract between you and us will only come into existence when we tell you that we can supply the services to you. If we tell you that we cannot supply the services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to supply the services, and we have already received payment from you, then we will promptly refund you for any services which we cannot supply to you.
5.
Changes to services
5.1.
If you would like to make a change to the services which you have placed an order for, then please contact us as promptly as you can. We will always be happy to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
5.2.
In some circumstances we may need to make minor changes to the services which you ordered. As these are minor changes and will not affect your use of the services we will not usually contact you about these. These minor changes are likely to be:
- because we need to update the services to implement a change in the law, or a regulatory requirement; and/or
- because we need to make minor technical changes or enhancements, that will not affect your use, handling or enjoyment of the services.
5.3.
It is possible that exceptionally, we may need to make a more major change to the services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 13.1(cancellation terms) of these terms and conditions will apply.
6.
Payment details
6.1.
The price of the services will be the price set out in our price list at the time when you place your order, unless another price has been expressly agreed and confirmed in writing between us. Our prices include VAT at the current rate.
6.2.
We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the price in your order, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the price in your order, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract section 13.1 of these terms and conditions will apply).
6.3.
Any costs for delivery of the services and other costs associated with the services will be the amounts that we confirmed to you before placing your order.
6.4.
When you need to pay depends on whether the services are purchased on a one-off or ongoing:
- For one-off services, we will invoice you on completion of the services. You must pay the invoice within 14 days of the date of the invoice;
- For ongoing services we will invoice you monthly in arrears for the services. You must pay the invoice within 14 days of the date of the invoice
We accept payment by cash, credit/debit card or bank transfer.
If you do not pay us on time, we may charge you interest at the rate of 2% a year above the base rate of Bank of England from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.
7.
Delivery and Collection of services
7.1.
Supply times will depend on whether the services you have ordered are one-off or subscriptions:
- For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;
- For ongoing services, we will supply the services to you until the services have been completed or the contract is cancelled by you (see section 13) or by us (see section 14) or until we withdraw the services (see section 15).
7.2.
We will contact you if we are delayed in supplying the services to you because of circumstances which are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any services which you have paid for but not yet received.
8.
Suspension
8.1.
If something happens that means we must suspend the supply of the services to you, for example:
- to make minor technical adjustments or to resolve technical issues;
- to update the services to implement a change in law or any relevant regulatory requirement,
then we will contact you to let you know.
8.2.
We will usually let you know in advance of any suspension unless it is an emergency, in which case we will let you know as soon as reasonably possible. If we do suspend the supply of services, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
8.3.
If we are going to suspend the supply of a service for more than one month then you may contact us to cancel the contract. We will provide you with a refund for the relevant service for which you have made payment, but have not yet received.
9.
Your obligations
9.1.
We will inform you in the description of the services on our website and/or during the order process of information which we need from you in order to supply you with the services. We will contact you to request this information.
9.2.
If you don’t provide us with this required information in a reasonable time, or if information which you give us is not accurate, we may cancel the contract (and the consequences set out in section 14.2 will apply), or we may charge you for the additional costs which we incur as a result.
9.3.
If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in supplying you with the services, or if we do not supply any part of them to you.
9.4.
So that we can supply the services to you, you will need to allow us access to your property. If you do not allow us access to your property at the time and date arranged with you we will contact you for instructions about what to do next and we may charge you for the additional costs which we incur as a result of you not allowing us access. If we are still not able to make arrangements with you for access to your property then we may cancel the contract and the consequences set out in section 14.2 will apply.
10.
If there is a fault with the services
10.1.
We hope that you are satisfied with the services which we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 1.
10.2.
We must supply services to you which meet your consumer rights.
10.3.
This section 10.3 provides you with a summary of your consumer rights if there is a fault with the services which we have supplied to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on citizensadvice.org.uk or call 03454 04 05 06 or your local Trading Standards Department. If we have supplied you with services, 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 beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.
11.
Our liability if you suffer loss or damage
11.1.
If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in supplying the services to you, then we are liable to you for loss and damage which you suffer and which we cause, so long as the loss or damage which is caused is foreseeable. Loss or damage is foreseeable if it is obvious that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
11.2.
Where we are supplying services at your property, we will make good any damage which we cause to your property whilst supplying the services.
11.3.
We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the services (a summary of which is set out in section 10.3) or for providing you with defective items under the Consumer Protection Act 1987.
11.4.
If we provide any advice to you, including in any instructions or manuals provided to you with the services, then you should follow these carefully. We will not be liable to you for any damage which is caused due to your failure to follow such advice or instructions.
11.5.
We only provide services for private and domestic use. We do not provide them for business or commercial use. If you do use the services for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
12.
Cooling-off period and your right to cancel the contract during it
12.1.
Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 13 below. The cancellation rights during the cooling-off period do not apply to any purchases which you have made in our shops.
12.2.
When you buy services in circumstances which the law calls ‘off-premises’ (in most situations this is where you have bought services from us in a place which is not our business premises), then in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 12.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 1.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
12.3.
The length of the cooling-off period during which you can cancel the contract due to a change of mind, depends on whether the services are one-off or ongoing. It is also subject to certain exceptions which are set out in section 12.4 below. You can calculate the cooling-off period as follows:
- For services you have up to 14 days after the day we contact you to accept your order to cancel the contract.
12.4.
If any of the following circumstances applies to the services which you have ordered then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those services because you have changed your mind:
- if the services have been completed;
- if you requested us to carry our urgent maintenance or repairs;
12.5.
If you want to cancel the contract because you have changed your mind then you should let us know before the end of the cooling-off period (as calculated in accordance with section 12.3) in one of the following ways:
- contacting us on the details set out in section 1 and include your name, e-mail address, address and order details providing a clear statement that you want to cancel; or
- filling out the form which is available at the botom of these terms and submitting it to us, or print off that form and post it to us, in either case using the details set out in section 1.
12.6.
If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them) then you will have to pay us for the services which we have supplied to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.
12.7.
If you cancel the contract during the cooling-off period because you have changed your mind then we will provide you with a refund for the services as well as any delivery costs which you paid, , We will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.
13.
Your rights to cancel the contract
13.1.
In addition to your rights to cancel the contract during the cooling-off period set out in section 12, if any of the following circumstances apply, you have the right to cancel this contract immediately:
- we have informed you that there was an error with the price or the description of the services when you placed the order, and you now do not wish to proceed based on the correct price or description;
- we have informed you that we need to make a major change to the services (see section 5.3) and you do not want to proceed with the change;
- there is a significant delay in supplying the services to you, because of circumstances which are not within our control (see section 7.2);
- we have informed you that we need to suspend the supply of services to you, for any of the reasons set out in section 8.1, for more than one month; or
- you have some other legal right to cancel the contract because of something we have done.
If you do cancel the contract for any of the above reasons (section 13.1(a) to 13.1(e)) then we will provide you with a refund for any services which you have paid for but we have not yet supplied, or we may provide you with a refund for any services which have not been properly supplied to you. In certain circumstances you may also be entitled to further compensation.
13.2.
If there is a fault with the services which we have supplied to you, please see section 10 of these terms and conditions.
13.3.
If you are cancelling the contract for any other reason which is not set out in section 13.1 (where you are cancelling during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any services which you have paid for but not yet received. However, we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs which we incur due to you cancelling the contract.
14.
Our rights to cancel the contract
14.1.
If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
- you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 6.4);
- you do not provide us with information which we have requested from you within a reasonable time (see section 9.1);
- if we are supplying services at your property, you do not allow us entry to the property or re-arrange a time for entry to the property (see section 9.4)
14.2.
If we cancel the contract because you have not performed your obligations (including those examples listed in section 14.1), we will provide you with a refund for any services for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs which we incur due to having to cancel the contract.
15.
If we stop supplying services
If the services with which we supply you are supplied on a subscription basis (and are not a one-off purchase), we may decide at some point in the future to stop supplying them. If we decide to stop supplying them, we will contact you at least one month before we stop providing them, to let you know. If you have made payment for services which we will no longer be supplying to you, we will give you the relevant refund for what you will not receive.
16.
General
16.1.
We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
16.2.
You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
16.3.
If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
16.4.
If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
16.5.
Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
16.6.
If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
MODEL CANCELLATION FORM (OFF-PREMISES CONTRACTS)
To Inspiring Gardens , 35 Beach Road West Portishead BS20 7HX AND, catherine@inspiring-gardens.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate