Terms and conditions for SKOUP:
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply the Services described below to you. By submitting an order you accept these terms.
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 the 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.
2.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Important Information: is the important information about the Services you read and accepted when placing your order;
Law: the requirements of any statute, act, regulation, order, statutory instrument, European Community legislation or directive having direct effect, bye-law, order of any government department, local authority or other public or competent authority, guidelines contained in government waste management papers and codes of practice having the force of law.
Services: the waste collection services known as ‘Van it, ‘Skip it’ and ‘Bag it’;
Skip: the waste skip(s);
Terms: the terms and conditions set out in this document.
3 Information about us and how to contact us
3.1 Who we are. SKOUP is a waste collection service provided by Biffa Waste Services Limited a company registered in England and Wales. Our company registration number is 0946107 and our registered office is at Coronation Road, Cressex, High Wycombe, Bucks, HP12 3TZ.
3.2 How to contact us. You can contact us by calling the telephone number: 03300 535 535 or by emailing us at: email@example.com.
3.3 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 with your order.
3.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4 Our contract with you
4.1 How we will accept your order. Our acceptance of your order will take place when we email you telling you your order has been accepted, at which point a contract will come into existence between you and us. The contract will include your order, these terms and the Important Information.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and we will refund you within two weeks if payment has been taken.
4.3 Some Services may not be available in your location.
4.4 Who we provide Services to. We provide the Services to domestic (consumers) and commercial (business/trade) customers.
5 Your rights to make changes
5.1 Please contact us if you wish to change your order. We will let you know about any changes to the price of the Services, 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.
6 Your obligations
6.1 You must ensure that only Acceptable Waste is presented for collection. We may refuse to collect any waste material that is not Acceptable Waste, as described in the Important Information. We may require additional payment and further information from you before we can collect any waste material that is not Acceptable Waste and we will inform you of any change in price and further information required and ask you to confirm whether you wish to go ahead.
6.2 It is your responsibility to remove any waste which is Not Acceptable. We will not perform the Services until all waste that is Not Acceptable, as described in the Important Information, is removed.
6.3 You must ensure that any waste container is not overflowing. We will not perform the Services if the waste container is overflowing.
6.4 You must ensure there is suitable access to provide the Services. If you fail to do so we will not provide Services on that collection date but we may still charge you for the Collection Services due to our wasted journey and administration.
6.5 You confirm you have full authority to dispose of the waste. We will collect the waste on the basis it is yours and that you take full responsibility for it. You will protect us from and pay to us the amount of any claims made by any other person against us if the waste is not yours or you do not have full authority to dispose of it.
6.6 You must not breach the Law. If you breach the Law and we suffer any loss or there are costs which arise from you breaching the Law then you will have to reimburse us for all losses and any costs we incur because of your breach.
7 Providing a skip
7.1 We will provide a skip. We or our sub-contractors will provide you with a skip where you have ordered the Skip it service.
7.2 You must take care of the skip. You must not move, relocate, damage, allow fires in, permanently mark or paint the skip. The skip will remain our or our sub-contractor’s property. You will not own the skip.
7.3 If a skip is damaged, lost, stolen or permanently marked or painted we may charge you a fee of up to £1,000.00 inc VAT. If a skip is damaged due to reasonable wear and tear or was damaged whilst we were providing Services we will not charge you a fee.
7.4 Permission to leave a skip on a public highway. Where you need to put your skip on a public highway (such as the street you live on), you will need permission from your local Council. This permission is sometimes called a “permit” or “licence”. Where you need such permission, we will either use an existing permission we have (or our sub-contractor has) with your local Council or we (or our sub-contractor) will apply for this permission on your behalf. You promise to follow all of the conditions of that permission.
7.5 Reimbursement of costs and any loss we suffer. If you break your promise in clause 7.4 and breach the conditions in any permission and we suffer a loss or there are costs which arise from you breaching the permission’s conditions, then you will reimburse us for all losses and any costs we incur.
8.1 We will provide the Services. We will endeavour to provide the Services on any specified dates but we reserve the right to change the collection dates. If we change your collection dates we will notify you.
8.2 If your collection is missed. Please contact us within 24 hours of your scheduled collection date.
8.3 Operating hours. We will provide the Services at the times stated in the Important Information. We may reschedule Services on or around bank or public holidays.
8.4 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 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 substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
9 Your rights to end the contract
9.1 You have a legal right to end the contract if
9.1.1 we fail to provide Services on a scheduled date and we still have not provided them within a reasonable period afterwards (except where our failure was caused by you or something outside of our control); or
9.1.2 we do something else wrong and either it cannot be put right or, if it can be put right, we do not put it right within a reasonable period.
9.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For the Services bought from us, you have a legal right to change your mind within 14 days of the start date of this contract.
9.3 When you don't have the right to change your mind. You do not have a right to change your mind in respect of Services, once they have been completed, even if the cancellation period is still running.
9.4 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed Services you cannot change your mind about those Services, even if the 14 day period is still running. If you cancel after we have started the Services, you must pay us for all Services provided up until the time you tell us that you have changed your mind.
10 How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling the team on 03300 535 535 or by emailing us at firstname.lastname@example.org. Please provide your name, address, order reference and, where available, your phone number and email address. You cannot terminate your contract via our website.
10.2 How we will refund you. If you are due a refund, we will refund you the relevant amount by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 Deductions from refunds if you are exercising your right to change your mind. If
you are exercising your right to change your mind in relation to the Services, we may deduct from any refund an amount for the Services for the period for which it was supplied, ending with the time 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.
10.4 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 two weeks of your telling us you have changed your mind.
11 Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract and the Services at any time by writing to you if you do not, within a reasonable time, allow us access to provide the Services.
11.2 We can always end our contract with you at any time even if you have not done anything wrong by giving you written notice, in which case, if you have pre-paid for the Services you will receive a refund of the amount pre-paid by you for Services you will not receive.
11.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we may charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
11.4 Summary of your legal rights. We are under a legal duty to supply a service that is 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.
In relation to services, 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.
12 Price and payment
12.1 What you must pay. The Services cost the price we agreed with you during the order process. We accept payment by credit, debit card or Paypal. We do not accept payment by cash, postal order or cheque.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
13 Our responsibility for loss or damage suffered by you
13.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
13.2 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; or for fraud or fraudulent misrepresentation.
13.3 We will not be liable for damage or injury caused by the skip or your use of it.
13.4 Limit on liability. Except as set out in clause 13.2, our liability to you in respect of all claims arising out of the order is limited to 200% of the price paid by you for the Services or £10,000, whichever is greater.
14 How we may use your personal information
14.1.1 to supply the Services to you;
14.1.2 to process your payment for the Services; and
14.1.3 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.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so or where it is necessary to provide the Services to you. This may include providing personal information to our sub-contractors.
15 Other important terms
15.1 You authorise us to act as your agent. In certain circumstances, such as where you are not physically present when we provide the Services, we may need to sign forms as you to confirm information about the waste being collected.
15.2 We may arrange for someone else to provide the Services. For some Services in some areas we may sub-contract the Services to someone else. We will select a competent and experienced sub-contractor.
15.3 We may transfer this contract to someone else. We may transfer our rights 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.
15.4 You need our permission to transfer this contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this. We will not unreasonably withhold our permission.
15.5 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clauses 15.2 and15.3. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.6 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.
15.7 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 Services, we can still require you to make the payment at a later date.
15.8 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. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts.