Terms & Conditions

Our Terms of Use Policy

 

 

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TERMS AND CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 08004101086.

Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
  2. We are Clearance & Clean-up Ltd a company registered in England and Wales under number 07503971 whose registered office is at Unit 3 Step Business Centre Wortley Road, Sheffield, South Yorkshire, S36 2UH with telephone number (08004101086); (the Supplier or us or we).
  3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

Interpretation

  1. Consumermeans an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contractmeans the legally-binding agreement between you and us for the supply of the Services;
  3. Delivery Locationmeans the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
  4. Goodsmeans any goods that we supply to you with the Services, of the number and description as set out in the Order;
  5. Ordermeans the Customer’s order for the Services from the Supplier as set out overleaf;
  6. Servicesmeans the services, including any Goods, of the number and description set out in the Order.

Services

  1. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
  2. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Services are subject to availability.
  4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

  1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
  2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Basis of Sale

  1. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
  2. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
  3. A Contract will be formed for the Services ordered, only upon the Supplier calling or sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
  4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Fees and Payment

  1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
  2. All services are priced based on our current price guide located on our website clearanceandcleanup.co.ukwe will always do our best to give you an accurate estimate when you make an enquiry about one of our services but in some instances where more items or waste is on site or more labour or extra weight is required prices may change but will always be charged based on the price guide located at www.clearanceandcleanup.co.uk.
  3. Fees and charges include VAT at the rate applicable at the time of the Order.
  4. Payment for Services must be made on completion of services provided, or within 30 days of invoice for account holders. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
  5. Failure to make payment within the 30day period will result in an administrative penalty charge of £50. We reserve the right to charge interest on any unpaid balance at the rate of 8% above the base rate as set from time to time by The Bank of England.
  6. Time for payment of our invoices shall be of the essence of the contract

 

 

Cancellation and refund policy

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. If you decide to cancel our services when we arrive at the location of the required services, you will incur costs by way of a cancellation fee of £
  3. You can cancel the Contract during the service, however any services that have already been completed will still be chargeable. Clearance and Clean-up Ltd will calculate the costs that have already been incurred and alter the final invoice accordingly.
  4. Refunds are at the discretion of the general manager of Clearance and Clean-up Ltd.
  5. Any refund that has been agreed, will be actioned within 7 working days.

Conformity

 

  1. We will supply the Services with reasonable skill and care and will dispose of any hazardous material to government standard requirements.
  2. We will provide the following after-sales service: We aim to satisfy your requirements at first instance. If you are not satisfied with our service, please contact us immediately to see if we can rectify any outstanding work. We reserve the right to refuse any rectifications of work in which Clearance & Clean-up think may have been caused after we have carried out our services.
  3. You confirm that you have the full authority for us to collect and dispose of the rubbish. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of your not having the authority for us to clear the rubbish.
  4. If we detect or suspect there may be any asbestos, syringes, drug paraphernalia or other hazardous or dangerous substances or materials on site we may at our sole discretion, immediately vacate the premises, and will not be responsible for further collection and disposal. In such circumstances you shall still be fully liable to pay for our attendance in full and for any waste already removed.
  5. If we need to engage expert services to remove such materials already loaded onto our trucks, or having been tipped at a transfer station, we reserve the right to charge you for such services, if at the time of removal we were unaware of any asbestos or other hazardous or dangerous substances or materials in what has been removed. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of us transferring hazardous material to a transfer station where we were unaware of the presence of such material at the time of the transfer.
  6. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

  1. The Contract continues as long as it takes us to perform the Services.
  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found at www.clearanceandcleanup.co.uk/privacy.
  3. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy, you can contact at the following e-mail address: _______________.

Successors and our sub-contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will not be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.

Excluding liability

  1. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
  3. We try to avoid any dispute, so we deal with complaints as follows: Complaints can be made in writing to the above address or via telephoning 08004101086