Interpretation
In short: the definitions used throughout, such as who the Supplier and the Customer are.
The following definitions and rules of interpretation apply in these Terms & Conditions.
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 7. Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Terms & Conditions. Customer: the person or firm who purchases Services from the Supplier. Order: the order for Services requested by the Customer from the Supplier howsoever requested (telephone, email or online booking, the specific details of which are set out on the Order Invoice once provided). Order Invoice: the emailed or hard-copy order invoice provided to the Customer by the Supplier. Services: the cleaning services supplied by the Supplier to the Customer as set out on the Order Invoice. Supplier: K. Lillycrop t/a The Buggy Wash, a sole trader of Slip End, Luton, Bedfordshire, LU1. Terms & Conditions: these terms and conditions as amended from time to time in accordance with clause 14.3.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. A reference to writing or written includes email but not fax.
Basis of Contract
In short: your booking becomes a contract when we confirm it and send your order invoice. Quotes last 10 days.
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms & Conditions.
2.2 The Order shall only be deemed to be accepted when the Supplier specifically indicates acceptance of it via email or telephone and issues the Order Invoice, at which point the Contract comes into existence.
2.3 Any descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's catalogues, brochures, website or social media, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Terms & Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade custom, practice or course of dealing. Nothing in these Terms & Conditions excludes or limits any terms or rights implied by law that cannot lawfully be excluded or limited, in particular the statutory rights of a Customer dealing as a consumer.
2.5 Any quotation given by the Supplier shall not constitute an offer and is only valid for a period of 10 days from its date of issue.
Supply of Services
In short: we will carry out the cleaning with reasonable care and skill. Dates we give are best estimates.
3.1 The Supplier shall supply the Services to the Customer.
3.2 The Supplier shall use all reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
Cleaning Process
In short: we use professional, gentle methods and follow manufacturer guidance where we can. Tell us about allergies. Black mould can leave permanent marks and we do not offer mould treatment.
4.1 The Supplier uses professional materials and cleaning methods to obtain the best possible cleaning result on prams, buggies, car seats and other related children's products. Where available, the Supplier shall use reasonable endeavours to adhere to manufacturers' guidelines. The Supplier also uses water, steam and non-biological mild detergents.
4.2 The Customer must discuss any allergies or special circumstances with the Supplier prior to the provision of the Services.
4.3 Black mould. The Supplier will do its best to get everything as clean and safe as possible. However, the Customer accepts that where items have black mould (especially on fabrics) this could leave permanent marks, and The Buggy Wash does not currently offer any form of mould removal or treatment. If the Customer is unsure about whether to use the items where black mould marks are present, the Supplier strongly recommends seeking advice from a qualified source, such as the NHS.
Car Seats & Safety-Critical Items
In short: car seats get a surface clean only. We never touch the harness, shell or safety structure, and you must check and refit the seat before use. We will not clean a seat that has been in an accident.
5.1 Car seats are safety-critical items. To protect their integrity, the Supplier cleans car seats on a surface basis only: the Supplier cleans accessible fabric, covers and surfaces and does not dismantle, alter or interfere with the harness, shell, buckle or internal safety structure of any car seat.
5.2 The Services do not test, certify or affect the manufacturer's safety certification of a car seat, and the Supplier makes no representation that a car seat is safe or fit for use. Following cleaning, the Customer is responsible for refitting, reassembling and checking the car seat in accordance with the manufacturer's instructions before any use.
5.3 The Supplier will not accept or clean any car seat that has been involved in a road traffic accident, or any item where cleaning would require the Supplier to compromise a safety feature. If the Customer has any doubt about a car seat's safety, the Supplier recommends consulting the manufacturer or replacing the seat.
Customer's Obligations
In short: give us accurate details, co-operate with us, and tell us about existing damage or fragile parts before we start.
6.1 The Customer shall: (a) ensure that the terms of the Order are complete and accurate; (b) co-operate with the Supplier in all matters relating to the Services; (c) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and (d) disclose to the Supplier, before the Services begin, any existing damage, defect, fragile part, electrical component, prior repair or material sensitivity of which the Customer is aware.
6.2 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer, or a failure by the Customer to perform any relevant obligation (Customer Default): (a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations, in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations; (b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 6.2; and (c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
Charges & Payment
In short: prices are as shown on your order invoice. Payment is due in full before your items come back to you. We take cash, bank transfer or card. No VAT is added, as The Buggy Wash is not VAT registered.
7.1 The Charges for the Services shall be as detailed on the Order Invoice.
7.2 Full payment is due before items are returned to or collected by the Customer.
7.3 The Supplier accepts payment by cash, bank transfer or bank card.
7.4 The Supplier is not registered for VAT and no VAT is added to the Charges.
Collection & Return
In short: local collection and delivery is available for a small extra charge, in our own vehicles.
8.1 The Supplier offers local collection and delivery for an additional charge on request.
8.2 Collections and returns are carried out using the Supplier's vehicles.
8.3 The Supplier will not be held responsible for delays to the service caused by unforeseen circumstances or additional requirements outside the Supplier's reasonable control.
Limitation of Liability
In short: if an item is damaged in our care, our liability is capped at five times what you paid for that item's clean. Some marks and odours cannot always be fully removed. Your statutory rights are never affected.
9.1 Nothing in these Terms & Conditions limits or excludes the Supplier's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law. The Customer's statutory rights as a consumer are not affected.
9.2 Subject to clause 9.1, references to liability in this clause 9 include every kind of liability arising under or in connection with the Contract, including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.3 Nothing in this clause 9 shall limit the Customer's payment obligations under the Contract.
9.4 The Customer acknowledges that the Supplier is a cleaning business and that items are frequently sent to the Supplier already in a dirty, worn, damaged and/or otherwise devalued condition.
9.5 Subject to clause 9.1, should an item become damaged while in the Supplier's care, the liability of the Supplier shall not exceed five (5) times the amount of the Charges for that item. Items in the Supplier's care are items awaiting Services, or awaiting collection by or delivery to the Customer after Services have been carried out.
9.6 Subject to clause 9.1, the Supplier will not be held liable for: (a) any damage which is not related to or caused by the Services; (b) any damage not related to the Services that have been agreed; (c) any depreciation in value where an item is repaired or cleaned to a reasonably satisfactory standard; (d) loss of value as against the manufacturer's original model after the Services have been carried out; (e) any damage to, or defect in, an item which the Supplier has not been contracted to work on (including hardware); (f) delays or failures which are due to any cause beyond the Supplier's reasonable control; (g) failed Services due to manufacturing or design faults (Charges may still apply for work undertaken); or (h) any loss of or damage to items, or pre-existing condition, that was not noted during the booking-in process.
9.7 The Customer acknowledges that, due to the age, materials, condition and history of items, some marks, stains, odours or damage may not be fully removable, and that the Supplier does not guarantee the complete removal of every such mark, stain, odour or defect.
9.8 This clause 9 shall survive termination of the Contract.
Cancellation, Rescheduling & Refunds
In short: reschedule free of charge up to 10am the day before. As a consumer you normally have a 14-day cancellation right. Refund requests go to our email and approved refunds are paid within 48 hours.
10.1 If the Customer's plans change, the Customer may reschedule up to 10:00am on the day before collection or drop-off of the item, free of charge. After this time, the full amount of the Charges may be payable.
10.2 Consumer cancellation rights. Where the Customer is a consumer and the Contract is made at a distance (for example online or by telephone) or away from the Supplier's business premises (for example in the Customer's home), the Customer normally has the right to cancel within 14 days under the Consumer Contracts Regulations 2013. If the Customer asks the Supplier to begin the Services within that 14-day period, the Customer may be charged for work already carried out, and the right to cancel is lost once the Services have been fully performed.
10.3 Requests for refunds can be made by emailing hello@ …. Approved refunds will be made within 48 hours of approval.
10.4 The Supplier may terminate the Contract or suspend the supply of Services with immediate effect if the Customer fails to pay any amount due under the Contract on the due date for payment.
10.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
Complaints
In short: check your items when they come back and tell us within 48 hours if something is not right. Our first step is always to put it right at our cost.
11.1 It is the Customer's responsibility to check all items on return.
11.2 In the event the Customer is dissatisfied with the supply of the Services, they should contact the Supplier within 48 hours of return so the Supplier can assess and help put things right.
11.3 If the Supplier reasonably considers it is at fault, it will endeavour to re-clean or otherwise provide the expected service to the Customer's satisfaction at the Supplier's cost. In all circumstances this will be the first course of action and is not an offer of compensation. This does not affect the Customer's statutory rights as a consumer.
11.4 Once a corrective arrangement has been agreed between the Supplier and the Customer, it is made on the basis of full and final settlement.
Uncollected Items
In short: please collect promptly once we tell you cleaning is done. Storage is free for 14 days; after that a storage fee may apply, and long-uncollected unpaid items may eventually be sold to recover costs after written notice.
12.1 Where items are left with the Supplier, the Customer must collect them promptly once the Supplier notifies the Customer that cleaning is complete. The Supplier will store completed items free of charge for 14 days from that notification.
12.2 After 14 days, a storage fee may apply. If an item remains uncollected and any sums remain unpaid for 90 days after the Supplier first notifies the Customer, and after the Supplier has given written notice, the Supplier may sell or otherwise dispose of the item to recover unpaid Charges and storage fees, accounting to the Customer for any net proceeds after deducting sums owed.
Data Protection & Privacy
In short: we only use your details to provide the service, take payment and talk to you, and we never sell your data. Full details in our Privacy Policy.
13.1 The Supplier collects and uses the Customer's personal information (such as name, contact details and address) only to provide the Services, take payment and communicate with the Customer. The Supplier processes personal data in accordance with the UK GDPR and the Data Protection Act 2018.
13.2 The Supplier does not sell the Customer's personal data. Further detail on how personal data is handled is set out in the Supplier's Privacy Policy.
General
In short: the standard legal housekeeping: force majeure, entire agreement, variation, waiver, severance, third-party rights, and the law of England and Wales.
14.1 Force majeure. Neither party shall be in breach of the Contract, nor liable for delay in performing or failure to perform any of its obligations under the Contract, if such delay or failure results from events, circumstances or causes beyond its reasonable control.
14.2 Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty that is not set out in the Contract. Nothing in this clause limits or excludes any liability for fraud, or any statutory rights of a Customer dealing as a consumer.
14.3 Variation. Except as set out in these Terms & Conditions, no variation of the Contract shall be effective unless it is in writing and agreed by the Supplier.
14.4 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
14.5 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. The parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
14.6 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
14.7 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
14.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Contact
In short: how to reach us.
K. Lillycrop t/a The Buggy Wash
Slip End, Luton, Bedfordshire, LU1
Email: hello@ … • Website: www.thebuggywash.co.uk