Carpet and upholstery cleaning 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 02071124941.

Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).  We are Mighty Tech – Deep Steam Clean of Unit – 4 112 West Hill, Putney County (optional), SW15 2UF   with email address office@deepsteamclean.co.uk; telephone number 02071124941; (the Supplier or us or we).
  2. These are the terms on which we sell all carpet & upholstery cleaning services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Deep Steam Clean Services and Goods by sending an enquiry through our Website or by a phone call if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Services;
  3. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the data in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the data stored;
  5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
  6. Order means the Customer’s Order for the Services from the Supplier as submitted following the step by step process set out on the Website;
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  8. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
  9. Website means our website deepsteamclean.co.ukon which the Services are advertised.

Services

  1. The description of our carpet & upholstery cleaning services is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only, and there may be small discrepancies in the way we supply our services.
  2. In the case of services and any Goods made to your unique requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All carpet and upholstery cleaning services which appear on the Website 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 authorized carpet cleaning specialists and representatives with access to any premises under your control as required, provide us with all information necessary to perform the Services and obtain any necessary licenses 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.

Personal information

  1. We retain and use all information strictly under the Privacy Policy.
  2. We may contact you by using email or other electronic communication methods and by pre-paid post, and you expressly agree to this.

Basis of Sale

  1. The description of the carpet and upholstery cleaning services and any Goods in our Website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to verify that you have used the ordering process correctly.
  3. A Contract will be formed for the carpet and upholstery cleaning services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any services supplied under the Contract, and before the performance begins of any of the Services.
  4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 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. 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 for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Fees and Payment

  1. The fees (Fees) for the Carpet and upholstery cleaning services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis. We will confirm the total price in our job email confirmation prior to your appointment.
  2. Fees and charges include VAT at the rate applicable at the time of the Order.
  3. You must pay before or on completion of your job by debit card or bank transfer or you can pay by cash directly to our cleaning technicians and we will provide you with a proof of your payment.

 

Delivery

  1. We will deliver the carpet and upholstery cleaning services, including any Goods, to the agreed Delivery Location by the time or within the agreed period or, failing any agreement:
    1. in the case of Services, within a reasonable time; and
    2. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  2. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
  3. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  4. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  5. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
  6. If any Goods form a commercial unit (a unit is a commercial unit if a division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
  7. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  8. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  9. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  10. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation

  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. This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
    1. contracts, where you have specifically requested a visit from us for the purpose of carrying out urgent repairs or maintenance, except a contract for (a) services in addition to the urgent repairs or maintenance, requested or (b) goods other than replacement parts necessarily used in making the repairs or carrying out the maintenance, if we supply those services or goods on the occasion of that visit;
    2. goods that are made to your specifications or are clearly personalized;
    3. goods which are liable to deteriorate or expire rapidly.

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel your appointment by giving at least 24 hours notice prior to your appointment time without giving any reason. Otherwise we will require a £30 cancellation fees that needs to be paid immediately.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Returning Goods

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Unit-4 112 West Hill, Putney County (optional), SW15 2UF  without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
  2. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. distance contract means a contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

  1. We have a legal duty to supply the service in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the service will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
  3. It is not a failure to conform if the failure has its origin in your materials.
  4. We will supply the Services with reasonable skill and care.
  5. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee supplied with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
  6. We will provide the following after-sales service: 7 days Job Guarantee, we will re-clean free of charge if the Customer notifies us of any problems with our workmanship or the service we have provided within 7 days from the completion of their job.
  7. 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 24 hours before your appointment time. by a written notice of termination or suspension.
  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

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 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).

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 (https://www.deepsteamclean.co.uk/privacy/) and cookies policy (https://www.deepsteamclean.co.uk/cookie-policy/).
  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 organizational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy, you can email: office@deepsteamclean.co.uk.

Excluding liability

  1. The Supplier does 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 respectively Scotland or Northern Ireland.
  3. We try to avoid any dispute, so we deal with complaints as follows: Complain should be sent by emails and we will respond to it as soon as possible or within 48 hours. .

Attribution

  1. These terms and conditions were created using a document from Rocket Lawyer(https://www.rocketlawyer.com/gb/en).

 

Model cancellation Form

 

To
Mighty Tech
Unit-4 112 West Hill
Putney
County (optional)
SW15 2UF

Email address: office@deepsteamclean.co.uk
Telephone number: 02071124941

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 [*]______________________(date received)

Name of consumer(s):

Address of consumer(s):

 

Signature of consumer(s) (only if this form is notified on paper)

 

Date

[*] Delete as appropriate.

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