These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our website, www.thesprucegoose.co.uk (our site). Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services via our site.
You should print a copy of these Terms or save them to your computer for future reference.
Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 16th July 2015.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.thesprucegoose.co.uk. We are The Spruce Goose Ltd, a company registered in England and Wales under company number 09678729 and with our registered office at 10A/12A High Street East Grinstead West Sussex RH19 3AW. Our main trading address is 1A Orchard Close Freshwater IOW PO40 9BQ.
1.2 You may contact us by telephoning our customer service team at 01342 315378 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 10.
2.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 9.2;
Order: your order for the Services as submitted by you via our site;
Services: the services that We are providing to you, or arranging, as your agent, for a third party to provide to you as set out in the Order;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Spruce Goose Limited, a company registered in England and Wales under company number 09678729 and with our registered office at 10A/12A High Street East Grinstead West Sussex RH19 3AW.
2.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
3. OUR CONTRACT WITH YOU
3.1 These are the terms and conditions on which We supply Services to you. For the purposes of these Terms, Services may comprise one or more of the following:
(a) Our concierge and key holding services;
(b) collection, assembly and removal of furniture;
(c) site representation services;
(d) booking services comprising arranging for appointments and quotes and taking payment as agent for the trade concerned for maintenance and improvement works and gas, EPC and electricity certification services all to be carried out by third parties.
Please note that the maintenance and improvement works and gas, EPC and electricity certification services referred to in condition 3.1 (d) are provided direct by the relevant trade concerned and are not comprised within the Services. Accordingly, notwithstanding the provisions of condition 6.3 you accept that We have no liability to you in respect of any services provided by third parties introduced by Us to you. Please see Our FAQ’s for more detail.
3.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
3.3 When you submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 3.4. If We are unable to supply you with the Services, We will inform you of this and We will not process the Order.
3.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us. In some circumstances it may not be possible to agree a fixed price in which case any price given will be an estimate. We will always inform you if a price is an estimate.
3.5 If any of these Terms conflict with any term of the Order, these Terms will take priority.
3.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
4. CHANGES TO ORDER OR TERMS
4.1 You may make a change to the Order for Services at any time prior to the provision of the Services by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing.
5. PROVIDING SERVICES
5.1 We will supply the Services to you from the date agreed between us in writing.
5.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.
5.3 We will need certain information from you that is necessary for Us to provide the Services, for example, access to the property. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or, at Our option, We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause 5.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
5.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 5.4 but this does not affect your obligation to pay for any invoices We have already sent you.
5.5 If you do not pay Us for the Services when you are supposed to as set out in clause 7.3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 7.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 7.4.
6. IF THERE IS A PROBLEM
6.1 In the unlikely event that there is any defect with the Services:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any defect; and
(c) We will use every effort to repair or fix the defect within 48 hours where the defect might affect vulnerable people living in your property (such as children or elderly or disabled persons) and within 7 days in all other circumstances.
6.2 You will not have to pay for Us to repair or fix a defect with the Services under clause 6.1.
6.3 If there is a problem with any services provided by a third party as referred to in condition 3.1 (d) We will use reasonable endeavours to resolve the problem on your behalf by contacting the relevant third party.
7. PRICE AND PAYMENT
7.1 The price of the Services will be such sum as is agreed between us. In some circumstances We cannot give a firm price until the works have been completed in which case any price given will be an estimated price. The pricing set out in Our price list on our site is only a guide to the average costs for certain specified work and is subject to inspection of the work at the premises concerned.
7.2 Where We are providing Services to you or arranging, as your agent, for a third party to supply services (up to the value of £500), We will invoice you for the full amount of the Services or third party services. Each invoice will quote the Order number. You must pay each invoice in cleared monies within 30 calendar days at the date of invoice by Paypal (link on site), by cheque payable to “The-Spruce Goose ltd” or directly into our bank account (details on request).
7.3 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
7.4 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 7.3 will not apply for the period of the dispute.
8. OUR LIABILITY TO YOU
8.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
8.2 If We are providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
8.3 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. We will only cancel the contract if the Event Outside Our Control continues for longer than two weeks.
10. HOW TO CONTACT US
10.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01342 315378 or by e-mailing Us at email@example.com
10.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing you can send this to Us by e-mail, by hand, or by pre-paid post to The-Spruce Goose Ltd at 1A Orchard Close Freshwater IOW PO40 9BQ or firstname.lastname@example.org We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use the personal information you provide to Us to:
(a) provide the Services;
(b) process your payment for such Services;
(c) arrange quotes from third parties for work requested by you; and
(d) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
11.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do and third party’s in connection with works requested by you in an Order.
12. OTHER IMPORTANT TERMS
12.1 We may transfer or sub-contract Our rights and obligations or any part of them under these Terms including but not limited to Our concierge and key-holding services to another organisation but this will not affect your rights or Our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
12.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs 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.
12.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
12.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.