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Our terms of business are outlined below. By instructing us to work on your project, you agree to the below.
1 THESE TERMS
1.1 These are the terms and conditions on which we supply products and services to you, whether these are goods and/or services.
1.2 Please read these terms carefully before placing your Works Order. These terms tell you who we are, how we will provide products and 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 We are Fresh Home Moves Limited, a company registered in England and Wales, trading as FRESH MOVES. Our company registration number is 15252988 and our registered office is at 48 Hucclecote Road, Gloucester, GL3 3RS.
2.2 You can contact us by telephoning 01242 431 861 or by writing to us at hello@freshmoves.co.uk or at the address detailed above.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or Billing Address you provided to us in your Works Order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 These terms will apply to your purchase of any goods and/or services from us and may only be changed with our prior written authorisation. These terms together with your Works Order (comprising the corresponding Proposal) once accepted by us will constitute the contract between you and us for our supply and your purchase of such goods and/or services.
3.2 Any proposal, quotation or estimate given by us shall not constitute a Works Order, and is only valid for a period of 30 business days from its date of issue. We may extend this period at our discretion by reissuing the proposal, quotation or estimate.
3.3 If we are unable to accept your Works Order, we will inform you of this and will not charge you for the product(s) and/or service(s). This might be because a product is unavailable within the required timeframe or because of unexpected limits on our resources which we could not reasonably plan for.
3.4 By entering into a contract with us you warrant to us that you have the right to contract with us to supply the goods and services at the Site Address (the property where they are to be delivered, installed and provided).
3.5 Where we engage the services of a specialist contractor or subcontractor on your behalf, you confirm that you will meet the costs of the contractor or sub-contractor and will hold the contractor or subcontractor, and not us, responsible for the works carried out.
3.6 Where you fail to meet the costs of any contractor or subcontractor instructed by us as part of delivering your Works Order and the contractor or subcontractor takes action against us to recover the unpaid costs, you will indemnify us for any costs, liabilities, consequential losses and loss of business incurred by us as a result of the legal action.
4 WORKS ORDER AND SURVEY
4.1 The Works Order may include a specification of product(s) to be manufactured by our suppliers. Once the Works Order has been submitted by you and received by us, it shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of you submitting it (in which case we shall promptly refund any sums paid by you in respect of the Works Order).
4.2 Some Works Orders may require a further detailed survey to undertake specific measurements and specifications for the products and/or services. Should this be required, one of our team will arrange a suitable time for this to take place.
4.3 Should the results of the survey identify amendments to the Works Order which would change the price then we will notify you of such price change whereupon you have the right to proceed with or cancel the Works Order at your discretion. Should you choose to cancel the Works Order we shall promptly refund any sums paid by you in respect of it.
4.4 The survey process will require you to approve the final design of any product(s) and/or service(s) you have ordered. By completing a Works Order you are agreeing the specification for any product(s) and/or service(s) ordered and authorising us (or our suppliers) to manufacture product(s) to this specification. Works Orders for services that have commenced or products that are bespoke or made-to-measure cannot be changed after this point.
4.5 You agree that whoever you arrange to attend surveys on your behalf will be acting as your agent. The information provided to us and/or their agreement to the specification of the product(s) and/or service(s) ordered will be binding upon you.
4.6 The product(s) and/or service(s) supplied by us to you will correspond with the Works Order.
5 PRODUCTS WE SUPPLY
5.1 The images on our website, those of our suppliers, or otherwise supplied to you are for illustrative purposes only. Although we have made every effort for the colours to display accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in a brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
6 YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the product(s) and/or service(s) you have ordered, please contact us immediately. 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 product(s) and/or service(s), the timing of their 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.
7 OUR RIGHTS TO MAKE CHANGES
7.1 We may change any of the product(s) and/or service(s) you have ordered:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
7.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of such product(s) or quality of such service(s).
7.2 If for any reason we are required to make more significant changes than those set out above to any of the product(s) and/or service(s) you have ordered, which will affect your use of such product(s) or quality of such service(s), we will notify you and you may then contact us to end the contract before the changes take effect and receive a full refund for any product(s) and/or service(s) you have paid for but not received.
8 SITE ADDRESS
8.1 We will deliver the goods and perform the services at the Site Address provided by you in the Works Order form at the time you placed the order.
8.2 You will supply us with such information, rights of access and services such as water, drainage, and mains electricity that we may reasonably require in order to deliver the goods and perform the services and/or to check the goods and their installation where you notify us about a problem with the same.
8.3 Any delivery or supply date or time specified by us in the Works Order, or during the Works Order confirmation process (as the case may be) is an estimate only, and we will not be liable to you for any loss sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control (including, for the avoidance of doubt and without limitation, any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled installation appointment). Some of the products we supply are made-to-measure and may have extended manufacturing and/or delivery periods. Some products, including kitchen doors and worktops, may have a delivery period in excess of 30 days. The estimated delivery date will be agreed with you at the time of the Works Order or, where a survey is required, the time of the survey.
8.4 In order to ensure safe working practices it is a condition of these terms that the area in which the works are to be carried out is cleared of, without limitation, pets, plants, furniture, breakable items and household residents.
8.5 For some projects it may be necessary for products, equipment, and/or materials ordered to be delivered to your property prior to the installation date. We will inform you where this is necessary and you will be responsible for accepting such a delivery in accordance with these terms.
8.6 Relevant laws and legislative and regulatory requirements have been introduced to reduce the strangulation risk to small children posed by looped blind cords. These laws, legislation and regulations make it mandatory that all blinds should be fitted with appropriate safety devices. If you instruct us to install such products and at the point of fitting you refuse to have such a safety device fitted, then we will be unable to install the product(s) you have ordered. In such circumstances you will remain liable for the full cost of the product(s) ordered and you agree that you will not treat our refusal to install the product(s) as a fundamental breach of the contract and you will remain bound under the contract to take delivery of the product(s). For the avoidance of doubt, we consider this clause 8.6 to be reasonable in all circumstances given the current legal, legislative and regulatory requirements. This will not affect your legal rights as a consumer in relation to any products that are faulty.
8.7 If our supply of product(s) or service(s) you have ordered 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 of any sums you have paid in advance for the specific products and/or services which will not be provided.
8.8 If you do not allow us access to your property to deliver the goods or supply the services as arranged (and you do not have a good reason for this), we may charge you for the additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
8.9 Any product(s), materials, or equipment we deliver to the Site Address as part of our service(s) will be your responsibility from the time we deliver them to the address you gave us.
8.10 You will own any product(s) or other such materials required for delivery of the service(s) you have ordered, once we have received payment in full for them.
8.11 We may have to suspend the supply of any product(s) or other such materials you have ordered to:
8.11.1 deal with technical problems or make minor technical changes;
8.11.2 update the product(s) or other such materials to reflect changes in relevant laws and regulatory requirements; or
8.11.3 make changes to the product(s) or other such materials as ordered by you or notified by us to you.
9 PRICE AND PAYMENT
9.1 The price for the goods and services to be supplied is stated on the Works Order. All prices are inclusive of the cost of delivery and VAT.
9.2 If the rate of VAT changes between your order date and the date we supply the product(s) and/or service(s) you have ordered, we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) and/or service(s) in full before the change in the rate of VAT takes effect.
9.3 A deposit (which depending upon order value may be up to 100% of the agreed price) shall be payable by you on completion of the Works Order form, and as outlined in the Proposal. In the event that cleared funds are not received for the deposit payment or initial payment, we may request full payment by alternative payment method before commencing delivery of the service(s) or the installation of any of the product(s) you have ordered takes place.
9.5 Unless full payment has been made by you on placing the order, payment in full of the purchase price for the product(s) and/or service(s) you have ordered, net of any payment already made, is due from you on delivery and/or completion of the works or, in the event of your cancellation of the order or ending of the contract under clause 14.3 below prior to completion of the installation of the product(s) or your refusal to accept delivery of the product(s), upon such cancellation, ending or refusal as the case may be.
9.5.1 In most cases we will ask for payment in advance of the works. Should payment not be received, the delivery of the service(s) or installation of product(s) will be postponed until the point at which the remaining balance has been settled.
9.6 Where you do not make any payment to us under the contract by its due date, we may, in addition to any other rights which we have under the contract and in law, withhold further deliveries or supplies or suspend performance of the contract until arrangements as to payment have been established on terms which are satisfactory to us.
9.7 In the event that your final balance payment is not received by us or if you otherwise fail to make your final balance payment to us upon completion of the installation of the product(s) or delivery of the service(s) ordered, we may instruct internal or external debt collectors to collect the monies due from you under the contract. Where we instruct any debt collector we reserve the right to charge you, in addition to the overdue amount and accrued interest and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing a debt collector. Orders that remain unpaid after the due date shall be subject to an interest charge of 4% per annum above the Bank of England base rate from time to time. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us this interest together with the overdue amount.
9.8 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10 OUR WARRANTY TO YOU
10.1 Subject to clauses 10.3 to 10.7 below: (i) we warrant that any goods supplied will correspond with the specification set out in the Works Order at the time of delivery or supply, will be of satisfactory quality and will be fit for the purpose for which they are commonly bought and for the purpose for which they have been designed; and (ii) we warrant that the services supplied will be performed with reasonable skill and care.
10.2 Subject to clauses 10.3 to 10.7 below, and to the receipt of payment in full for your order, we warrant that, for a period of 12 months from the date of installation, all goods and services supplied will be free from defects in materials and workmanship (always providing that the goods have not been subject to any misuse or modification).
10.3 If any services supplied by us are not in accordance with clause 10.1(ii) or 10.2 above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the services. We will either arrange with you a time when we can visit your home to examine the supplied services or request imagery showing the alleged defect and, if the services are not in compliance with clause 10.1(ii) or 10.2 above, we will either remedy the defect in question or re-supply the defective services.
10.4 In order for us to complete any repairs required under any of the warranties set out in clauses 10.1 or 10.2 above, we will require access to your property at a mutually convenient time. Failure to provide such access within a reasonable time will be deemed a frustration of the contract and our obligations as set out within this clause 10 will cease.
10.5 Upon notification of a claim in respect of any goods under any of the warranties set out in clause 10.1(i) above, we will either arrange with you to examine the goods or request imagery and, if the goods are defective, we shall either repair or replace the defective goods free of any charge for labour or materials (always providing that the goods have not been subject to any misuse, accidental damage, or modification). It is possible that goods replacing defective goods under any of the warranties set out in clause 10.1(i) above or the warranty or Peace of Mind Package set out in clause 10.2 above may no longer exactly match other goods in that order due to fading or changes in product specification. Should this be the case we do not accept any liability to replace nonfaulty product(s) solely to ensure an aesthetic match.
10.6 Whilst every attempt will be made by us to ensure that the goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the goods delivered shall not entitle you to: (i) reject the goods; (ii) withhold or reduce payment of the purchase price; or (iii) claim any compensation for such variation.
10.7 Whilst materials supplied by us are tested in accordance with BS EN ISO 105 B02, as appropriate, fading will inevitably occur. However, the performance of the products is unimpaired by any such fading and the warranties set out in clause 10.1 shall not apply: (i) in relation to fading or discolouration caused by fair wear and tear; and/or (ii) where the relevant fault or defect has been caused by your misuse and/or neglect of the products and/or by accidents caused while the products are in your possession.
10.8 The warranties set out in clause 10.1 are for the original purchaser only and are not transferable. Please retain your Works Order and Proposal to identify your purchase in the unlikely event of needing to claim under any of the warranties set out in clause 10.1 above or the warranty or Peace of Mind Package set out in clause 10.2 above.
11 YOUR LEGAL RIGHTS
11.1 We are under a legal duty to supply goods and services to you that are in conformity with the contract. Nothing in these terms will affect your legal rights in relation to any non-conformity.
12 YOUR OBLIGATIONS IN RESPECT OF REJECTED PRODUCTS
12.1 If you wish to exercise your legal rights in respect of any product(s) that are eligible for rejection, you must allow us to collect the rejected product(s) from you.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the contract excludes or limits our liability for: (i) death or personal injury resulting from our negligence or that of our employees, advisors or installers; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products (including the right to receive products which are as described, of satisfactory quality, fit for purpose, supplied with reasonable skill and care and installed correctly by us); (iv) unsafe products under the Consumer Protection Act 1987; or (v) any other matter in respect of which it is unlawful for us to exclude or restrict liability.
13.2 Where we are providing services on or in your property, we will make good any damage to your property caused by us while doing so. 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. In order to install products and deliver services, holes may be made in the fabric of the structure of your property. Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed by you. We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the products does not breach any leasehold, planning regulations or warranties that you may hold.
13.3 We only supply 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.
13.4 We shall not be responsible for any injury, loss, damage, cost or expense suffered by you if and to the extent that it is caused by negligence or wilful misconduct by you or by breach by you of your obligations under the contract.
13.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the 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.
13.6 We shall not be liable to you if we are prevented from or delayed in performing any of the obligations that we owe to you under the contract if this is due to any cause beyond our reasonable control, including (without limitation): (i) an act of God, explosion, flood, fire or accident; (ii) war or civil disturbance; (iii) any strike, industrial action or stoppages of work; (iv) any form of government intervention; (v) any third party act or omission; and (vi) any failure by you to give us a correct delivery or billing address or notify us of any change of address.
13.7 This clause 13 shall survive completion of the contract or the contract ending for any reason.
14 YOUR RIGHTS TO END THE CONTRACT
14.1 Products that are bespoke and made-to-measure to your requirements fall into the category of bespoke products under the Consumer Contracts Regulations 2013 and (subject to clauses 14.2 to 14.3 below) you will not therefore be able to cancel your order for any such product(s) once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as described.
14.2 Notwithstanding clause 14.1 above, we will accept the cancellation of your order once placed as long as your notice of cancellation is received within two calendar days starting with the date your order is placed, or two calendar days before we commence work (whichever is soonest). Our preferred method of cancellation is by email to hello@freshmoves.co.uk or by telephone (within normal business hours, i.e. weekdays, excluding bank holidays, between 9am and 5pm GMT) on 01242 431 861 to ensure traceability. Your notice of cancellation will be deemed to have been served on and will take effect from the day it is given to us.
14.3 If you are: (i) cancelling your order under clause 14.2 above; or (ii) ending the contract under clause 7.2 above, under clause 8.7 above or for the reason that you have a legal right to end the contract because of something that we have done wrong, the contract will end immediately and we will refund you in full for any product(s) you have paid for that have not been provided or have not been provided properly.
15 OUR RIGHTS TO END THE CONTRACT
15.1 We may end the contract at any time by writing to you if:
15.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
15.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) you have ordered;
15.1.3 you do not, within a reasonable time, allow us to deliver the product(s) and/or service(s) ordered to you; or
15.1.4 you do not, within a reasonable time, allow us access to your property to supply any services.
15.2 If we end the contract in any of the situations set out in clause 15.1 above and the manufacturing or installation of the product(s) you have ordered has already started, we will not (due to the product(s) being bespoke and made-to-measure to your requirements, or non-returnable by us to our suppliers) refund any money you have paid in advance for such product(s) and we may also be entitled to further compensation.
15.3 We may write to you to let you know that we are going to stop providing any product you have ordered. We will either supply an alternative product or refund in full any sums you have paid in advance for the product which will not be provided.
15.4 If the contract ends for any reason, all terms of the contract shall cease to have effect, except that any term that can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.
15.5 The contract ending for any reason shall not affect any accrued rights of you or us.
16 HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1. We will use the personal information you provide to us:
16.1.1. to supply the product(s) and service(s) you have ordered;
16.1.2. to process your payment for the product(s) and service(s) ordered; and
16.1.3. to inform our suppliers of your delivery address, for the purposes of delivering the product(s) and/or carrying out the service(s) related to your Works Order.
16.2. We may pass your details onto an independent third party if required for dispute resolution.
16.3. For details of any other times that we may pass your information onto a third party please see our privacy policy.
16.4. Details of our privacy policy, which sets out how we handle your personal information, may be found at www.freshmoves.co.uk/privacy-policy
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under the contract to another organisation. We will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract.
17.2 You may not transfer any of your rights or obligations under the contract to another person without our prior written consent. The request must be received in writing to FRESH MOVES, 48 Hucclecote Road, Gloucester, GL3 3RS.
17.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If we do not insist immediately that you do anything you are required to do under the terms of the contract, or if we delay in taking steps against you in respect of your breaching the 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 supply the product(s) you have ordered, we can still require you to make the payment at a later date.
17.5 Each term of the contract operates separately and, notwithstanding that the whole or any part of any such term may prove to be illegal or unenforceable, the other terms of the contract and the remainder of the term in question shall continue in full force and effect.
17.6 The contract is governed by the laws of England and you can bring legal proceedings in respect of the product(s) you have ordered or otherwise in relation to the contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) ordered in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) ordered or otherwise in relation to the contract in either the Northern Irish or the English courts. Likewise, if you live in the Republic of Ireland or any other EU member state, you can bring legal proceedings in respect of the product(s) and/or service(s) ordered or otherwise in relation to the contract in either the courts of the member state in which you live or the English courts.
17.7 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 in relation to the contract, you may want to contact The Citizens Advice Consumer helpline on 0808 223 1133, Citizensadvice.org.uk or your local Trading Standards office.
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