Terms and conditions
Application
- 1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Some Solutions L. Sofronieva trading as Smart Cleaning of 192 Churchbury Road, London, SE9 5JA with email address contact@smart-cleaning.net; telephone number 02088592355; (the Supplier or us or we).
- 2. These are the terms on which we sell all Services to you. By ordering any of the Services by phone, e-mail or by our website, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
- 3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- 4. Contract means the legally-binding agreement between you and us for the supply of the Services;
- 5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- 6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- 7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
- 8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- 9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
- 10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- 11. Website means our website www.smart-cleaning.net on which the Services are advertised.
Services
- 12. The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement;
- 13. In the case of Services, it is your responsibility to ensure that any information or specification you provide is accurate.
- 14. All Services which appear on the Website are subject to availability;
- 15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
- 16. 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 licences and consents (unless otherwise agreed).
- 17. 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.
Personal information
- 18. We retain and use all information strictly under the Privacy Policy.
- 19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- 20. The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- 21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- 22. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than before performance begins of any of the Services.
- 23. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
- 24. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- 25. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
- 26. The fees (Fees) for the Services and any additional charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- 27. Fees and charges are not subject to VAT at the rate applicable at the time of the Order.
- 28. You must pay by bank transfer or cash with your Order and we can take payment immediately or otherwise before delivery of the Services.
- 29. For services requiring deposit, it has to be paid by bank transfer with the Order.
Delivery
- 30. We will deliver the Services, to the Delivery Location by the time or within the agreed period or, failing any agreement within a reasonable time.
- 31. The Supplier shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with a late arrival of Company operatives at the service address. The Supplier endeavours to be right on time on any visit but sometimes due to transport related and other problems which are beyond the Supplier’s control, the Supplier’s operative’s may arrive with a delay or the cleaning visit may be re-scheduled.
- 32. We do not generally deliver Services to addresses outside Greater London.
- 33. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location without giving 24 hours notice for canceling or rescheduling a Service, we may charge the reasonable costs of £30.00 late cancellation/ lock-out fee.
- 34. The contracted Client agrees to pay the full price of the cleaning visit, if:
- a. The Client cancels or changes the date/time less than 24 hours prior to the scheduled appointment;
- b. The Client fails to provide access to the service premises thus preventing the Supplier to carry out the booked work;
- c. There is a problem with the Client’s keys and the cleaning operatives cannot let themselves in. If keys are provided they must open all locks without any special efforts or skills
- 35. If the Client needs to change a cleaning day or time the Supplier will do its best to accommodate him. A minimum 24 notice is required. Please note that the Supplier cannot guarantee that the same operative will be available on the new day and at the time the Client requires. Any changes in the cleaning schedule are subject to availability.
Withdrawal returns and cancellation
- 36. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- 37. You can cancel the Contract except for any Services which need special preparation, infestation and requirements by telling us no later than 24 hours after prior performing the Service for all regular Services and 48 hours for One-off Services i.e. End of Tenancy Cleaning and After Builders Cleaning, if you simply wish to change your mind and without giving us a reason, and without liability. Then we must without delay refund to you the price for those Services which have been paid for in advance, but are scheduled after the 24 hours cancellation period. This does not affect your rights when the reason for the cancellation is any defective Services. This Returns Right is different and separate from the Cancellation Rights below.
- 38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following services (with no others) in the following circumstances:
- a. services that need special preparation and infestation according your specifications;
Right to cancel - 39. Subject as stated in these Terms and Conditions, you can cancel this contract within 24 hours without giving any reason.
- 40. The cancellation period will expire after 24 hours from the day the Contract was entered into.
- 41. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- 42. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.smart-cleaning.net . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- 43. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Commencement of Services in the cancellation period - 44. The Client agrees to carry on the Services as agreed during the cancellation period.
Effects of cancellation in the cancellation period - 45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, hose a type of delivery other than the least expensive type of standard delivery offered by us).
Payment for Services commenced during the cancellation period - 46. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract.
- 47. For the purposes of these Cancellation Rights, these words have the following meanings:
- a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- 48. The Client agrees to pay a cancellation fee of:
- a. £30.00 for Domestic Cleaning, Window Cleaning and One-off Cleaning Services taking up to 10 hours work.
- b. £60 for One-off Cleaning Services taking more then 10 hours work, End of Tenancy Cleaning, After Builders Cleaning Services etc.
Conformity
- 49. It is not a failure to conform if the failure has its origin in your materials.
- 50. We will supply the Services with reasonable skill and care.
- 51. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- 52. The Contract continues as long as it takes us to perform the Services of End of tenancy cleaning, After builders cleaning, Windows, Carpet cleaning and One-off cleaning.
- 53. The Contract continues one calendar year for Regular Domestic Cleaning Services.
- 54. The Contract continues 2 calendar years for Regular Office Cleaning Services.
- 55. Either you or we may terminate the Contract or suspend the Services at any time by a written 30 days notice of termination or suspension to the other if that other:
- a. 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
- b. is subject to any step towards its bankruptcy or liquidation.
- 56. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
- 57. If no notice is given, the Client is liable to fully pay the services for the term of the agreed termination notice period.
Employment Referal Fee
- 58. The client is liable for an employment referral fee of £500.00 should he/she directly engage anyone currently employed/sub-contracted by the Supplier within the one year period to such employment. The Client agrees to pay this fee whether he notifies us of his actions or we discover this employment independently at any time after it occurs. The Client further agrees to reimburse us for any and all collection or legal fees the Supplier incurs in collecting this fee.
Claims
- 59. Our public liability insurance will cover damages caused by a cleaner working on behalf of the Company up to £1,000,000.00. All claims are subject to an excess of £250.00.
- 60. The Client agrees that due to the nature of the Service the Supplier guarantees only to correct any problems reported within 24 hours. If a problem occurs on a Saturday it must be reported by midday on Monday in order to be accepted as a valid claim. Failure to do so will entitle the Client to nothing. We may require entry to the location of the claim within 24 hours to correct the problem. Any refunds or adjustments must be requested to the Supplier directly and subject to approval by the Supplier.
- 61. The Client waives his right to stop payment on his cheque or protest a credit/debit card charge unless the Company fails to make good on the guarantee shown in part 15.
- 62. While the Supplier’s cleaning operatives make every effort not to break items, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, we request all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and /or not cleaned by the cleaner.63. In case of damage, The Supplier will repair the item at its cost. If the item cannot be repaired we will rectify the problem by crediting the customer with the item’s present actual cash value toward a like replacement from a Supplier’s source upon payment of cleaning services rendered.
- 63. The Supplier shall not be responsible for damage due to faulty and/or improper installation of any item. All surfaces (i.e., marble, granite, etc.) are assumed sealed and ready to clean without causing harm.
- 64. No claims shall be entertained if the Client has an outstanding balance aged more than 30 days.
- 65. Any attempt to commit insurance fraud or any use of false information to commit any type of fraud will be prosecuted to the fullest extent of the law together by the Supplier and the Insurance Provider(s). Monetary compensation as well as legal fees may incur.
- 66. Key replacement/locksmith fees are paid only if keys are lost by our operatives.
Complaints
- 67. All complaints must be received in writing by letter, text or email within 24 hour from the Service.
- 68. Cleaning operative will come back to the Client’s home, office or premises to re-clean the certain areas for free.
Liability
- 69. We shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with:
- a. A late arrival of cleaning operatives at the Service address. We strive to be right on time for any visit but sometimes due to transport related and other problems which are beyond our control, we may arrive with a delay or the cleaning visit may be re-scheduled.
- b. A cleaning job not complete due to the lack of suitable/enough cleaning materials, lack of hot water or electricity, or equipment not in full working order or faulty;
- c. Third party entering or present at the Client’s premises during the cleaning process;
- d. An existing damage to Clients property in the form of old stains/burns/spillages etc. which cannot be cleaned/removed completely by the cleaning operative using the Client’s cleaning equipment and materials and in accordance with the industry standard cleaning methods.
- e. If the Client has an outstanding amount aged 30 days or more from the date the payment was due.
Circumstances beyond the control of either party
- 70. In the event of any failure by a party because of something beyond its reasonable control:
- a. the party will advise the other party as soon as reasonably practicable; and
- b. 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).
Excluding liability
- 71. 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 which 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 wholly or mainly for your business, trade, craft or profession.
- 72. The Client does not exclude liability, if the equipment provided by the Client is not in safe and full working order and therefore cause death or personal injury by negligence.
Complementari Terms
- 73. If the Client requests keys to be collected from a third party`s address outside the postal code of the address where the Services are to be supplied, £10 charge is applied. If the keys need to be returned back to the third party or another address, another £10 charge applies.
- 74. The cleaners are not allowed to hand wash any clothing belonging to the Client. The cleaner can only use a washing maching.
- 75. All frigile, hibreakble items must be removed and secured.
- 76. The cleaners are not allowed to use bleach and bleach containing products. We advise our Clients to avoide supplying very agresive cleaning products. We shall not be liable to any damige caused by bleach/bleach containing/very agressive products.
- 77. We reserve the right to make any changes to any part of the Terms and Condiotions without giving prior notice. We may add to or alter this Terms and Conditions from time to time and the alterations will apply to the new business, but not to the excisting contracts. Therefore please keep a copy of these Terms and Conditions.
Governing law, jurisdiction and complaints
- 78. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- 79. 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 respectively Scotland or Northern Ireland.
- 80. 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.
Last updated: 01.01.2016
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 020 8859 2355.
Application
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Some Solutions trading as Smart Cleaning of 192 Churchbury Road, London, SE9 5JA with email address contact@smart-cleaning.net; telephone number 020 8859 2355; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
- Website means our website smart-cleaning.net on which the Goods are advertised.
Goods
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We retain and use all information strictly under the Privacy Policy.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise by bank transfer to our bank account.
Delivery
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- 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.
Conformity
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- 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 any right to cancel, below.
Excluding liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- 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 respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: A complaint is an expression of dissatisfaction, whether justified or not. A complaint can be received by phone, by email or in writing. We will aim to respond with an appropriate solution within 5 days.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- Once a product is purchaised, it is not refundable;
- in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website smart-cleaning.net. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 192 Churchbury Road, London, SE9 5JA without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Last updated on: 01.01.2016