1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide 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 think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Rise and Shine Clean Limited a company registered in England and Wales. Our company registration number is 12607033 and our registered office is at 8 The Moorlands Bacup Lancashire OL138BT.
2.2 Please note that Rise and Shine cleaning services are owned and operated by independent business people. By continuing to place your order, you accept that your order will be fulfilled by someone within Rise and Shine or employed by them. However, the work will still be carried out in accordance with these terms set out below.
2.3 How to contact us. You can contact us by telephoning our customer service team on 01282or by writing to us at firstname.lastname@example.org or at our registered address above.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. Any funds that have been processed will be refunded to you in accordance with this policy.
3.3 We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3.4 Exercising your right to change your mind. Although we deliver your service in accordance with the Consumer Rights Act 2015 and Consumer Consumer Contracts Regulations 2013, by placing your order online with us, you are opting out of the 14-day cooling-off period. You still have a right to cancel your order up to 48 hours before the service is booked, but after this time a cancellation charge will be applied in accordance with these terms.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services you have ordered please contact us at the earliest opportunity. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7, Your rights to end the contract).
5. PROVIDING THE SERVICE
5.1 When we will provide the services. During the order process we will confirm the date agreed with you for us to provide the services. The estimated completion date/time for the services is as told to you during the order process. Although we cannot guarantee our exact arrival time as we stay in each customer’s home until the work is completed and, in some instances, there are factors outside of our control, e.g. traffic. We do offer secure key holding arrangements for your convenience.
5.2 What cleaning products will we use. Rise and Shine use Eco Friendly cleaning products that have all been carefully selected and tested for Rise and Shine use around the uk and their use is fully covered by our Product Liability Insurance. No other cleaning products can be used unless specifically agreed by Rise and Shine as there may be health and safety considerations in addition to the question of insurance cover.
5.3 If you are having building works or require additional cleaning. Please notify us of any work or events taking place in your home that may result in the need for extra cleaning. We need to be notified to allow for extra time in our schedules and also for health and safety considerations. An additional charge may be payable and we reserve the right to charge an extra fee if appropriate, even if we were not notified of the extra work required. All prices quoted for regular cleaning only allow for ‘normal’ domestic cleaning.
5.4 If you have any pets. Please ensure that any pets that are liable to bite, scratch or intimidate the staff are safely secured away from our teams before they arrive. Our Staff are under strict instructions not to clean any pet excrement or vomit, on health and safety grounds.
5.5 If someone is unwell. Please advise us in advance of your clean if anyone in the home has an infectious illness. We reserve the right to protect staff and other customers by cancelling the clean if appropriate. Please note that our teams are under strict instructions not to clean any urine, faeces, vomit, soiled clothing or similar hazards, on health and safety grounds.
5.6 We are not responsible for delays outside our control. 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 you have paid for but not received.
5.7 If your usual clean falls on a bank holiday or business shutdown. Whilst every effort is made to rearrange cleans due on Bank Holidays or other times of business closure this cannot be guaranteed.
5.8 If you do not allow us access to provide services. 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 will charge £50 cancellation fee plus costs incurred (such as travel time) and reserve the right to charge additional costs if required.
5.9 If we consider that there are health and safety issues at the property. We reserve the right to terminate the contract immediately and full payment will still be due if we consider the property to be a health and safety hazard or beyond all reasonable cleaning.
5.10 Current and ex-employees of Rise and Shine: It is a strict term and condition for Rise and Shine employees that they are prohibited from doing any kind of work privately for Rise and Shine customers, or ex customers within 12 months of leaving our service. You are kindly requested not to embarrass our Staff by enquiring if they will work for you privately. In the event of any Rise and Shine staff working for a customer or ex customer, whilst in the employment of Rise and Shine or within 12 months of leaving the employment, then an introduction fee of £750.00 + VAT will be payable to us by the you.
6. IF THERE IS A PROBLEM
6.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team on 01282 XXXXXX or write to us at email@example.com or our registered address as set out above.
6.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
or call 03454 04 05 06.
If your product is services, for example a carpet clean or house clean, the Consumer Rights Act 2015 says:
• 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.
• if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 7.3.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what Service you have paid for, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 6;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the service within reason see clause 7.3. You may be able to get a refund, but this may depend upon the amount of notice you are providing to us;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5.
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 products or services which have not been provided and you may also be entitled to compensation. The reasons are:
(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;
(c) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind. You are free to change your mind about the service and receive a full refund up to 48 hours before the service is due to commence. After this time, you can still change your mind about the services but you will incur a £50 cancellation charge which will be deducted from any refund issued to you.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of our services once these have been completed. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you do not have a right to change your mind, just contact us to let us know, depending upon the amount of notice the £50 cancellation fee may apply and/or you will be liable for the services up to the point of cancellation in accordance with clause 8.3.
the contract because of something we have done or are going to do.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01282 or email us at firstname.lastname@example.org Please provide details of the property address where the services are to be provided, when you ordered and your name and address, or alternatively use the form included herewith and email this back to us.
(b) By post. Complete the form included herewith and post it to us at the address on the form. Or simply write to us at the same address including details of what you bought, when you ordered or received it and your name and address.
8.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. Furthermore, if you changed your mind less than 48 hours before the service was due to commence then a £50 cancellation charge will be deducted from the refund.
8.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment 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, for example, number of rooms;
(c) you do not, within a reasonable time, allow us access to your premises to supply the services.
10. PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the service will be the price as given to you in the course of your online booking. We take all reasonable care to ensure that the price of the service advised to you is correct, however, the price at this point is based upon your assessment of the size/requirements/condition of the property. On attending the property to deliver the services, if we should find that these vary substantially from those provided at the time of booking the price will be subject to change but we will confirm this with you prior to commencing the work.
10.2 What happens if the price is incorrect. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. If the price is wrong because of the information provided by you, we will need to adjust the price according to the correct information. However, we will always confirm the pricing with you prior to commencing the work. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
10.3 When you must pay and how you must pay. By booking your cleaning services through our online shop, we require full payment for the services to be made at the time of booking. Due to the nature of the services we provide, costs are incurred once a booking is made and therefore, any cancellation and subsequent refund will be dealt with in accordance with these terms.
10.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us within 7 days to let us know.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. With the exception of damage to your property, which is set out in 11.3. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services; and for defective products under the Consumer Protection Act 1987.
11.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so, if we have been notified within 24 hours of any such damages. 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.
11.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you, including the transfer of your data to rise and Shine staff within our business to provide the services;
(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 by calling customer services on 0845 2011 186 or email us at email@example.com
12.2 We will only give your personal information to third parties, except for the business referred to in clause 13.1(a), where the law either requires or allows us to do so.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
13.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
13.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use, details of the provider will be provided to you one the internal complaints process has been exhausted.
Schedule Model Cancellation Form
(Return this only if you wish to withdraw from the contract or alternatively email firstname.lastname@example.org To Rise and Shine 8 The Moorlands Weir Bacup Lancashire OL138BT
This email or letter should iclude :
I/We hereby give notice that I/We cancel my/our contract of sale for the supply of the following service,
Ordered on/received* on: Name of consumer(s): Address of consumer(s):
Signature of consumer(s): Date:
* Delete as appropriate