These Terms and Conditions apply to all Services provided by Rug Nurse
These Terms and Conditions apply to all Services provided by us, Rug Nurse, a company in England and Wales, whose office address is at 125 London Road, Headington, Oxford, OX3 9HZ (“the Company/we/us/our”).
These Terms and Conditions will form the basis of the Contract between You and Us. Before accepting our Estimate, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of them, please ask us for clarification.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Client/You/your” means the individual Consumer entering into the Contract with Us;
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract formed in accordance with clause 2 which will incorporate, and be subject to, these Terms and Conditions;
“Estimate” means our written estimate to provide the Services, which remains open for acceptance for a period of 30 days unless otherwise specified and sets out our entire scope of works;
“Services” means the cleaning and restoration services to be provided by us to you.
- Each reference in these Terms and Conditions to “writing” and “written” includes emails.
- The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation. Each reference to the singular number include the plural and vice versa. References to persons include corporations.
- The Contract
- We will arrange to visit you to examine the rug and will provide an Estimate, setting out the Services to be provided and our anticipated fees. A legally binding Contract will be formed as soon as you accept our Estimate, electronically or otherwise. The Contract will include the acceptance of these Terms & Conditions, which will apply between You and Us.
- Our fees are based on the information provided to us at the time of preparing our Estimate. If any errors, changes or discrepancies become evident which affect the Services to be provided, we reserve the right to adjust our fees and will notify you in advance.
- If you require any additional services after accepting our Estimate, we will provide you with a further Estimate, which must be accepted by you in writing before we will proceed.
- The Services
- We will ensure that the Services are carried out with reasonable care and skill in accordance with generally accepted trade practice.
- Where we are restoring the rug, we will endeavour to match similar items and your requirements as closely as possible but please note that the specification and colours may differ slightly due to unavoidable variances in the composition and availability of raw materials. Colours and patterns may appear different on computer screens.
- Please advise us in advance if anyone at your property has a contagious illness. We may decide to reschedule the agreed visit(s) in this event.
- It is your responsibility to obtain any and maintain all necessary permissions, consents and licenses required for us to provide the Services at the agreed times.
- Collection and Delivery
- We will provide an estimated collection date for the goods. Please note that such estimated dates may vary according to their availability, and circumstances beyond our control.
- Delivery will be deemed to have taken place when the goods have been collected or delivered, and you (or someone authorised by you) has taken physical possession of the goods.
- The responsibility (or the “risk”) and the goods remains with us until they have been collected or delivered back, at which point it will pass to you.
- We reserve the right to charge for storage if you fail to collect or take delivery of the goods or any part of them on the agreed date. Ownership passes to us should the goods not be collected within 4 weeks.
- Payment
- Payment is due on completion of the Services by bank transfer or cash. Goods will not be released to you until payment has been made. In certain circumstances we may require a deposit before we begin the Services.
- We will charge for any additional Services provided at your request. We will also charge for mileage to attend any Property outside of the areas stated on our website, unless otherwise agreed.
- Time for payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any other rights which we may have, we will have the right to charge you interest from the due date until payment is made in full, both before and after judgment, at the rate of 8% per annum over the Bank of England base rate from time to time in force, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to charge for any costs we may incur in attempting to recover any outstanding debt.
- Any variation in the Services to be provided must be agreed in writing before we can proceed. Any price variation will become due for payment to us in accordance with the terms for payment above.
- Cancellations
- As a Consumer, you have a statutory right to a “cooling off” period. This period begins once the Contract between You and Us is formed and ends at the end of 14 calendar days after that date. If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email. To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired. If you do so, we will refund any sums paid to us under the Contract within 14 days, using the same method you used to make payment, unless you request otherwise.
- If you wish for our Services to start within the cooling off period, you must make an express request for us to do so. You acknowledge and agree that if you do so, you will lose your right to cancel if our Services are completed within the 14-day cooling off period. If we have begun providing our Services, you will be required to pay for the Services we have provided up to the point at which you inform us of your wish to cancel.
- We will be entitled to cancel your order at any time after you have accepted our Estimate.
- Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of our employees, agents or subcontractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to limit or exclude your rights as a Consumer. For full details of your legal rights and guidance on exercising them, we recommend you contact your local Citizens’ Advice Bureau or Trading Standards Office.
- Data Protection: All personal information we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UK General Data Protection Regulation, and any changes to them. For further information on our use of your personal data, please refer to our privacy policy, which is available on request.
- Guarantee
- We offer a 100% satisfaction guarantee for our Services. We will continue to work with you on your project and will not submit the final invoice until you are entirely satisfied with the Services.
- In the unlikely event any issue arises during the provision of the Services which we are unable to resolve to your complete satisfaction, we will offer a refund of any sums paid for the part of the Services for which you are dissatisfied.
- The guarantee is subject to the following provisions:
- You notify us within 1 day that you are unhappy;
- You must allow us to rectify the Services to resolve the issue(s) in question;
- If still unhappy, you must allow us to instruct an independent person to look.
- The guarantee will not apply where you have changed the brief, failed to respond in a timely manner to communications from us or failed to comply with any of your obligations as stated in these Terms and Conditions.
- Complaints: We welcome feedback from our clients and, while we always use all reasonable endeavours to ensure that your experience is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Please make any complaint to us in writing, in the first instance. If the complaint relates to a particular clean or restoration, you must report this to us on the same day of the Services having been provided. Any Services carried out will be deemed as satisfactory after this time. Unless you have reasonable justification in refusing us entry, we will require you to grant us reasonable access to investigate and where necessary, remedy any complaint for which we may be liable.
- Other Important Terms
- We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell Rug Nurse). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (or the Contract) without our express written permission.
- The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. This will not affect the validity and enforceability of the remaining parts of the Contract.
- If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.
- Governing Law and Jurisdiction: These Terms and Conditions and any Contract between us will be in accordance with the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.