Website Sale Terms & Conditions
These Terms and Conditions apply to the sale of all Services via our Website, https://staustellhandyman.co.uk/. St Austell Handyman Ltd (“the Company/we/us/our”) is a company registered in England and Wales (no. 14723154) whose registered office is 44 Jubilee Meadow, St Austell, PL25 3EX.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:
- “Contract” means the contract for the purchase and sale of the Services, as explained in clause 2;
- “Consumer” is as defined in the Consumer Rights Act 2015;
- “Client/You/Your” means you, the consumer, firm or corporate body purchasing the Services;
- “Order” means your order for the Services;
- “Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2;
- “Property” means the property at which the Services are to be carried out by us;
- “Services” means the various handyman services and/or any other services to be provided by us to you as detailed in our Order Confirmation; and
- “Website” means https://staustellhandyman.co.uk/.
1.2 Each reference in these Terms and Conditions to:
- 1.2.1 “writing” and “written” includes emails;
- 1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- 1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
- 1.2.4 a clause is a reference to a clause of these Terms and Conditions; and
- 1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
1.4 Words imparting the singular number include the plural and vice versa; references to any gender include the other gender; references to persons include corporations.
2. The Contract
2.1 These Terms and Conditions govern the sale and provision of our Services and will form the basis of the Contract between you and us. Under the Contract, we will provide our Services and you will pay for them in accordance with these Terms and Conditions.
2.2 If you wish to place an Order you may do so via our Website, which will guide you through the ordering process. Before submitting your Order you will be able to review and amend it. Please ensure you have checked your Order and read these Terms and Conditions carefully before submitting it. If you are unsure about any part, please ask us for clarification.
2.3 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by sending you an Order Confirmation by email. Only once we have sent the Order Confirmation will there be a legally binding Contract.
2.4 Our Order Confirmation is based on the information provided to us at the time we prepare it. If any discrepancies affecting price become evident, we reserve the right to adjust it.
3. The Services
3.1 We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice.
3.2 You must grant us unrestricted access to the Property at all reasonable times for measurements, carrying out the Services and any remedial work.
3.3 We will provide the Services in accordance with the specification set out in the accepted Order Confirmation (as amended by written agreement).
3.4 We will ensure the Services meet relevant codes of practice, best trade practice and current building regulations.
3.5 We will ensure no parts of the Property suffer damage as a result of our Services, except decoration damage reasonably commensurate with the works. We will make good any other damage at no extra cost as soon as reasonably possible.
3.6 Any dates given are estimates only and, unless specifically agreed in writing, time is not of the essence.
3.7 We may take photos of the Services for marketing and social media. We will use reasonable endeavours to remove identifying features; notify us if you wish any post removed or edited.
3.8 The Services are considered complete on our notification to you that they have been successfully completed.
3.9 We may suggest products or other services provided by third parties. You are under no obligation to accept; if you do, you will contract directly with that supplier.
3.10 We may ask you to clear valuable or delicate items; we cannot be held responsible if you fail to do so. We will not move furniture or obstacles requiring more than minimal effort.
3.11 You are responsible for ensuring that:
- 3.11.1 the Property is suitable for our Services;
- 3.11.2 we can access the Property on the agreed dates and times (our price assumes a continuous visit or, for phased works, continuous phased visits);
- 3.11.3 adequate free parking is available; inform us of any restrictions;
- 3.11.4 any consents, licences or permissions (e.g. planning) are obtained and, if access to neighbouring land is required, that access is granted; and
- 3.11.5 suitable welfare facilities, gas, water and electricity are provided at no cost to us.
3.12 If you fail to comply with these responsibilities we may charge for costs incurred (e.g. storage or non-productive visits) and will not be liable for resulting delays.
4. Price and Payment
4.1 Unless otherwise agreed, our standard payment terms are:
- 4.1.1 50 % deposit payable once the Order Confirmation is accepted (works cannot commence until paid); and
- 4.1.2 the balance invoiced on completion of the Services.
4.2 We reserve the right to charge staged payments, invoice early if Services are delayed through no fault of our own, and/or request 100 % up front at our discretion.
4.3 All invoices are payable in full within 30 days unless otherwise agreed.
4.4 Variations must be agreed in writing before we proceed and are payable in accordance with this clause; they may delay estimated programme dates.
4.5 Promotional codes may be subject to conditions/restrictions, have no monetary value, cannot be used with any other offer and must not be sold or transferred.
4.6 Where applicable, payments via the Website go through a third-party gateway (e.g. Stripe, PayPal). No card information is provided to us; completion is subject to the gateway’s terms. We are not liable for errors or charges by them.
4.7 Time of payment is of the essence. If you fail to pay by the due date we may suspend the Services and charge interest at 8 % p.a. above Bank of England base rate, plus costs of recovery, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
5. Cancellation for Consumers
5.1 Except where the Contract was formed in person at our premises, if you are a Consumer you have a 14-day statutory “cooling-off” period starting on the Contract date.
5.2 To cancel within this period, inform us using the contact details in the Order Confirmation. You must send your notice before the 14 days expire.
5.3 If you cancel within the cooling-off period you will receive a full refund (including any deposit) within 14 days, using the original payment method unless otherwise requested.
5.4 If you ask us to start Services within the cooling-off period you acknowledge you will lose the right to cancel if the Services are completed within that period. If you cancel after we have started, you must pay for Services provided up to cancellation.
5.5 Where you are not a Consumer, or after the cooling-off period (or if waived), clause 6 applies.
6. Cancellation for non-Consumers and outside the 14-day cooling-off period
6.1 Where clause 5.5 applies you may not cancel without 48 hours’ written notice. Failure to give notice entitles us to levy reasonable cancellation charges, including administration, design, procurement costs and loss of profit, payable immediately.
6.2 We may cancel the Contract at any time and will inform you in writing.
6.3 Either party may terminate immediately if the other:
- 6.3.1 commits a material breach not remedied within 14 days of written notice; or
- 6.3.2 goes into bankruptcy or liquidation (save for bona fide reconstruction) or a receiver is appointed.
6.4 Upon termination all payments under the Contract become due immediately. We may invoice for Services provided but not yet invoiced.
7. Warranty
7.1 We warrant that the Services will be free from defects in workmanship for 12 months from practical completion unless otherwise agreed in writing.
7.2 This warranty does not cover:
- 7.2.1 fair wear and tear, wilful damage, negligence, abnormal conditions, third-party interference or failure to follow our instructions; or
- 7.2.2 any Services for which the total price has not been paid by the due date.
8. Assignment and Sub-Contracting
8.1 You may not assign, transfer, charge, sub-contract or deal with your rights or obligations without our prior written consent.
8.2 We may assign, transfer, charge or sub-contract any of our rights or obligations without your consent; if we sub-contract, we remain responsible for the sub-contractor’s acts and omissions.
9. Our Liability
9.1 Except for death or personal injury caused by our negligence, we are not liable for loss of profit or any indirect, special or consequential loss arising from performance of the Contract, and all warranties or conditions (express or implied) are excluded to the maximum extent permitted by law.
9.2 We are not liable for failure or delay caused by incorrect information supplied by you or your failure to comply with these Terms.
9.3 Advice and guidance are provided without liability for their application.
9.4 In the event of our breach, your remedies are limited to damages not exceeding the fees paid under the Contract.
9.5 Artistic judgement rests solely with us; to the extent permissible by law, no liability or refund is offered for dissatisfaction based on personal taste.
9.6 Nothing excludes or limits liability for death or personal injury caused by negligence or for fraud.
10. Intellectual Property Rights
10.1 You warrant that any documents you give us will not cause us to infringe third-party intellectual-property rights.
10.2 We reserve the right to take photographs of the Property for promotional purposes. Please advise us if you do not agree.
11. Events Outside Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where the cause is beyond our reasonable control, including power failure, industrial action, civil unrest, fire, flood, terrorism, epidemic or governmental action.
12. Complaints and Feedback
12.1 We welcome feedback and aim to ensure your experience is positive; please contact us in writing if you have any complaint.
12.2 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance.
13. Data Protection
13.1 Both parties agree to comply with all applicable data-protection legislation including the Data Protection Act 2018 and UK GDPR.
13.2 If you provide us with personal data of any other person, you must have their permission to pass it to us; we will only use it to provide our Services.
13.3 For further information, please refer to our Privacy Policy.
14. Other Important Terms
14.1 Nothing in the Contract will render or be deemed to render either party an employee or agent of the other.
14.2 The Contract is between you and us; no third party may enforce any part of it.
14.3 Any part of these Terms found unlawful, invalid or unenforceable will be severed without affecting the remainder.
14.4 Failure to exercise or enforce any right following a breach does not waive that right.
14.5 Notices are deemed served 24 hours after an email is sent or three working days after posting a letter.
15. Governing Law and Jurisdiction
15.1 These Terms (and any non-contractual matters) are governed by the laws of England and Wales.
15.2 Any dispute relating to these Terms (including non-contractual matters) falls within the jurisdiction of the courts of England and Wales.
