Farleigh House Clearance Service – Terms and Conditions
Your attention is drawn in particular to clauses 5 (right to change your mind), 10 (liability for loss or damage) and 11 (Warranties and Indemnities).
 1. THE TERMS
1.1 These are the terms and conditions on which we supply house clearance services (“Services”) to you (“you or your” is a reference to the person to whom we are providing our Servies and who is required to pay for the Services we provide). Details of the types of house clearance service we provide can be found at www.farleighhouseclearance.co.uk .
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any concerns with these terms please contact us to discuss before placing an order.
1.3 in these terms and conditions:
(a) “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
(b) “Hazardous Waste” has the same meaning as “substance hazardous to health” as defined the Control of Substances Hazardous to Health (COSHH) Regulations 2002 (or any replacement regulations).
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2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Farleigh Supplies Limited a company registered in England and Wales with registration number is 02576518 and our registered office is at North Court Road, Chelmsford, Essex CM1 7FH (“we, us or our”). Our registered VAT number is 594899355. Any and all of our profits will be donated to Farleigh Hospice, North Court Road, Chelmsford CM1 7FH. Charity number 284670.
2.2 You can contact us by telephoning our customer service team on 01245 933771 or by writing to us at Unit 1, 14 Wycke Hill Business Park, Maldon, Essex. CM9 6UZ or emailing us at fhclearance@farleighhospice.org.
2.3 If you request a quotation or a service from us, and provide your personal detail to contact you, you are approving the use of data for this service in accordance with Clause 11, below.
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3. OUR CONTRACT WITH YOU
3.1 A contract between you and us will come into being in one of two ways:
(a) when you sign and return the quotation we provide, we and you will enter into a legally binding contract on the date you sign.
(b) where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
3.2 Your order number. Where you have indicated you wish to enter a contract with us, in accordance with clause 3.1, we will assign an order number to your contract and tell you what it is when we confirm the date available for the provision of the Services. It will help us if you can tell us the order number whenever you contact us.
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4. PROVIDING THE SERVICES
4.1 We aim to begin the Services on the date agreed with you during the contract process. But we cannot guarantee or provide a firm commitment that:
(a) we will start performing the Services by a specified date or time; or
(b) we will complete the performance of all the Services by any specified date or time; or
(c) the performance of any individual part of the Services will be completed by a specified date or time.
4.2 If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services paid for but not received.
4.3 What can happen if we cannot start performing the Services or complete performing the Services:
(a) If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract.
(b) Where we have started performing the Services and you decide you wish to cancel the contract you will only have to pay for any Services we have performed up to the date of cancellation. If you have made payment to us in excess of the amount of Services we have performed, we will return the difference to you within 7 days of cancellation.
(c) What is a reasonable period of time depends on the types of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services within (e.g. 5 days) then you may have the right to cancel. If e.g. the Services are due to take several days to perform, then if we fail to start to perform the Services 2 weeks after we are due to, then in such circumstances you may be entitled to cancel the contract.
4.3 If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 7.2 will apply.
4.4 Days and times when we normally provide the Services. Unless we agree otherwise, we will provide the Services on normal working days and start work no earlier than 8 am and finish work no later than 4 pm. A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.
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5. YOUR RIGHTS TO END THE CONTRACT
5.1 Your rights if you wish to end the contract will depend on how we are performing and when you decide to end the contract:
(a) for our Services purchased online, via email, over the telephone , at your premises or the premises to be cleared, you can cancel the contract within 14 days of conclusion of the contract by you and us. The 14-day period starts on the day after the contract is concluded. Please note that you cannot cancel the contract completely once we have started to perform the service, or where you have agreed to us starting to perform the services before the end of the 14 days. In such circumstances you will need to pay for the services we have provided to you until the point you cancel the contract.
(b) to cancel the contract you can use the form at the end of these terms. Alternatively, you may use another method of communication (such as an email, letter or by telephone or by calling in at our office). Our contact details for where to send the form or a letter are in clause 6 below.
(c) if you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;
(d) if you have just changed your mind about the service, see clause 5.3;
(e) in all other cases (if we are not at fault and there is no right to change your mind), see clause 5.3.
5.2 If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any Services which have not been provided:
(a) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the Services may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
5.3 Where the date for provision of the Services falls beyond the 14 days cancellation period, you have 7 clear days before the agreed date of the clearance if you wish to cancel the contract of Services and obtain a full refund. After this date the following refunds will be made: Between 6 and 4 clear days’ notice 50%, 3 clear days’ notice 30%. There will be no refunds made if you have given less than 2 clear days’ notice to cancel prior to the date for provision of the Services.
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6. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
6.1 To end the contract with us, please let us know by doing one of the following:
(a) Call customer services on 01245 933771 or email us at fhclearance@farleighhospice.org. Please provide your name, home address, phone number and the order number on the order confirmation, and the address of the property being cleared, if different from your home address.
6.2 We will make any refunds due to you as per clause 5.2 as soon as possible. We will refund via the same method of payment originally made.
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7. OUR RIGHTS TO END THE CONTRACT
7.1 We may end the contract if you do not comply with its terms. We may end the contract at any time by contacting you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
(c) you do not, within a reasonable time, allow us access to the premises to supply the Services.
7.2 If we end the contract in the situations set out in clause 7.1 (a) and 7.1 (b)- we will refund any money you have paid in advance for Services we have not provided (subject to applying the same conditions for refund as set out in clause 5.3) but we may deduct or charge you in addition any net costs we incurred as a result of you breaking the contract.
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8. IF THERE IS A PROBLEM WITH THE SERVICES
8.1 If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team on 01245 933771 or email us at fhclearance@farleighhospice.org. Please provide your name and home address and the order number.
8.2 If you think there is something wrong with our service, you must contact our Customer Service Team: fhclearance@farleighhospice.org or www.farleighhouseclearance.co.uk or 01245 933771. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights
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The Consumer Rights Act 2015 says:
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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.
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If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
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If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
9. PRICE AND PAYMENT
9.1 The price of the Services will be the price indicated on our quotation form (including VAT). Payment for our Services is due in full in advance of provision of the Services. To secure the provision of the Services on the agreed date, payment must be received not less than 21 days before the date on which the Services are to be provided or commence, or immediately if the commencement date is less than 21 days from creation of the contract.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
9.3 We accept payment with all major credit and debit cards with the exception of American Express. We also accept payment by bank transfer. Details will be provided on request. Cash payment is accepted by prior agreement. 10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible for loss or damage you suffer as the result of our failing to use reasonable care and skill, except that we are not responsible for any loss or damage that is foreseeable and agreed as being likely to occur.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made you and we agreed it is likely to occur.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. Except in the case of death or personal injury caused by our negligence, our liability under or in connection with the contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise however caused shall not exceed the price you have paid us for the Services..
10.3 Subject to clause 10.4 and 10.5, when we are liable for damage to your property. We will make good any damage to your property caused by us while providing the Services or at our discretion refund you the price you have paid us. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
10.4 Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) however arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
10.5 We shall not be liable for any loss or damage caused unless any claim is notified in writing to us as soon as such loss or damage is discovered or ought reasonably to be discovered and in any event no later than 7 days from completion of the Services.
10.6 We are not liable for business losses. We only supply the Services for domestic and private purposes. If you use the Services for any commercial or business purpose we will have no liability to you for any loss of profit or other economic loss arising out of a breach of the contract, loss of business, business interruption, or loss of business opportunity.
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11. WARRANTIES AND INDEMNITIES
11.1 Legal and beneficial title in all items removed from the premises at which the Services are provided will pass to us at the time of collection and we are free to use or dispose of such items as we see fit. By entering into the contract with us you are confirming that you have the absolute and unconditional right and authority to pass full title in the items to us in accordance with this contract and no other person has any claim, right or entitlement to the items. You agree to indemnify us against any claim made by a third party including any costs or expenses that we suffer arising from such a claim.
11.2 By entering into the contract, you warrant that:
(a) our provision of the Services will not cause us to handle or move any Hazardous Waste, prohibited, restricted, dangerous or illegal items;
(b) there will be adequate and free access to the premises at which the clearance is to take place to allow for safe and legal porterage and loading;
(c) all software and data stored in any electronic format on any items to be collected have been erased and full copies of all data has been made and retained by you and such data is adequately backed up prior to the collection date and that the disposal of any items will not result in a breach of the Data Protection Act 2018 or other data protection legislation;
(d) all documents, records, material and other papers containing confidential or sensitive information or personal data has been removed from the items to be collected; and
(e) at the time we attend the premises to provide the Services all items not intended to form part of our Services have been removed from the premises.
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12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will contact you by telephone, email or at the postal address you provided to us. Your data will not be shared, sold or used in any other way by us, other than as set out in this clause 12. You will be provided with a communications preference form to complete should you wish to hear more about services, events and news from Farleigh Hospice.
12.2 We will use the personal information you provide to us:
(a) to supply the Services to you;
(b) to process your payment for the Services; and
(c) if you agreed to this during the order process, to give you information about similar Services that we provide, but you may stop receiving this at any time by contacting us.
12.3 We will only give your personal information to third parties where the law either requires or allows us to do so. Full details of how we use any personal data you give us is set out in our Privacy Notice which is viewable on our website at www.farleighhouseclearance.co.uk. A paper copy is available on request.
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13. OTHER IMPORTANT TERMS
13.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.4 We will have the right to amend these terms and conditions where:
(a) we need to do so in order to comply with changes in the law or for regulatory reasons; or
(b) we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
Where we are making any amendment, we will give you 30 days’ prior notice (unless the contract is terminated before that period).
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14 SUMMARY
14.1 These terms and conditions any contract formed under them shall be governed and construed by the law of England and Wales. In respect of the Services provided in England you and we agree to submit to the jurisdiction of the English courts.
Cancellation Form
Complete and return this form only if you wish to withdraw from the contract
I/We, hereby give notice that I/We, cancel my/our, contract for the supply of the house clearance services: