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 01628 561 843.
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
We are Home and Soil Ltd a company registered in England and Wales under number 14196648 with email address firstname.lastname@example.org; telephone number (01628 561 843) (the Supplier or Us/We/Our).
These are the terms on which we sell all Services to you. By using our Services, you enter into a contract with us and agree to be bound by these Terms and Conditions.
Our terms and conditions will prevail over any terms and conditions used by you or contained, set out, or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
The latest version always applies. We endeavour only to make any updates when we introduce new services or change how we provide a service or have to comply with any relevant changes in a legal requirement.
A "business day" means any day other than a Saturday, Sunday, or bank holiday in England and Wales.
Contract means the legally-binding agreement between you and us for the supply of the Services;
Goods mean any goods or materials that we supply to you with the Services
Services mean anything offered by Home and Soil, across all the trades we cover (Plumbing, Refurbishing, Drains, Bathrooms, Electrics, Carpentry, Appliances, Roofing, Gardening, Landscaping, Building, Emergencies, and Commercial): Enquiries, Estimates, Project Work, Installations, Repairs, Emergency Call Outs, Servicing, Guarantees.
Tradesperson/tradespeople” refers to the representative(s) appointed by Home and Services Ltd. to carry out our Services.
“You” the customer (the person or organisation for whom we agree to carry out work and/or supply or materials)
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
Where the date and/or time for work to be carried out is agreed upon, we will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation n; However, we accept no liability in respect of the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
We will not be liable for any delay, or the consequences thereof, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.
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 licenses and consents (unless otherwise agreed).
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.
You must pay a Deposit of 50% of the total estimated or pre-booked work by credit or debit card at the time of accepting the Services. We DO not accept cash payments. We reserve the right to request full payment in advance at our discretion.
The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
If the written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20%; however, you must pay us for any additional services:
If, after submission of the estimate, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate.
If, after submission of the estimate, there is an increase in the price of materials.
If, after submission of the estimate, it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.
Upon completion of work, you will be invoiced, for which payment is due on receipt. Home and Soil reserves the right to accrue and charge interest on any part of an invoice that remains unpaid at a rate of 4% over the base rate until payment is received by us in full.
Time for payment shall be of the essence of the Contract.
The collection of non-stock items is chargeable. However, the time taken will depend on the location of the Customer and should not accede to the time of the reasonable return trip plus 30 minutes.
In the unforeseen circumstances that the collection time is likely to exceed the above time limits, you will receive prior notification of the reason.
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
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.
Whilst Goods remain our property we have the absolute authority to:
a. Retake, sell or otherwise deal with or dispose of all or any part of these goods.
b. Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored, or kept, or is reasonably believed so to be.
c. Seek a court injunction to prevent you from selling, transferring, or otherwise disposing of such goods.
You will not be liable for any cancelation fees if you withdraw (or rearrange) your booking by notifying us (preferably by telephone) by the end of the Business day before the scheduled booking; unless Goods/materials were made to your special requirements or materials being supplied. However, we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.
Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us so that you are not liable to be charged.
You will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, under the original instructions if Any one of the listed below applies:
a. Goods/materials were made to your special requirements,
b. materials being supplied or
c. you cancel your instructions later than 1 Business day
We will supply the Services with reasonable skill and care.
We will provide a 12-month guarantee on labour carried out by a Home and Soil tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.
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 the territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
The guarantee will become null & void if the Goods, work or appliance completed/supplied by us is:
Subject to misuse or negligence.
Repaired, modified, or tampered with by anyone other than a Home and Soil tradesperson.
It is not a failure to conform if the failure has its origin in your materials.
We will not guarantee any work in respect of:
Blockages in waste, drainage, or gutter systems.
Any work is undertaken on instruction from you and against the written or verbal advice of our tradesperson.
Work is only guaranteed in respect of work directly undertaken by us and with full payment having been made. Any non-related faults arising from recommended work that has not been undertaken by us will not be guaranteed.
Where we agree to carry out work on installations of inferior quality (or over 10 years old) no warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.
The Contract continues as long as it takes us to perform the Services.
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:
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
is subject to any step towards its bankruptcy or liquidation
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation concerning your personal information.
For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
'GDPR' means the UK General Data Protection Regulation.
'Data Controller', 'Personal Data, and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
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:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com.
In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
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.
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 that 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.
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
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.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.