These Terms and the booking form you submit to us for the supply of Services to you (the “Booking”) will form the contract between you and us (the “Contract”). Please read these Terms carefully and make sure that you understand them, before booking any Services from our Site. Please note that before booking any Services you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to booking any Services from our Site.
We amend these Terms from time to time. Every time you wish to book our Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in July 2015.
1.1 We operate the website maisonette.co.uk. We are Maisonnette Ltd, a company registered in England and Wales under company number 09696327 referred to in these Terms as “we”, “us” and “our”). Our head office and correspondence address is at Burford Road Business Centre, Unit 2010, 11 Burford Rd, London E15 2ST.
1.2 Contacting us:
(a) To contact us to cancel a Contract see clause 6.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Booking.
2.1 We shall supply the Services to you in accordance with the information you provide in the Booking in all material respects.
2.2 We shall use all reasonable endeavours to meet any performance dates specified in the Booking.
2.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify the Customer in any such event.
2.4 We warrant to you that the Services will be provided using reasonable care and skill.
2.5 Specifically in respect of our domestic laundering services, we will provide the following depending on what you request on your Booking:
(a) Option 1 - Ironing only – we will send someone to iron at your premises. You are responsible for washing/drying and providing ironing equipment; or
(b) Option 2 - We collect, iron and deliver - we will send someone to collect your laundry from your premises for us to iron. You are responsible for washing/drying. We will return your laundry to your premises within 24 or 48 hours depending on what you request at the time of the Booking; or
(c) Option 3 - We collect, wash, dry and deliver - we will send someone to collect your laundry from your premises for us to wash, dry and iron. We will return your laundry to your premises; or
(d) Option 4 - We collect, wash, dry, iron and deliver - we will send someone to collect your laundry from your premises for us to wash, dry and iron. We will return your laundry to your premises.
3.1 You shall:
(a) ensure that the information in the Booking is complete and accurate;
(b) co-operate with us in all matters relating to the Services;
(c) provide us (including without limitation our staff and subcontractors) with access to your premises and other facilities as reasonably required by us;
(d) provide us with such information and materials as we may reasonably require in Booking to supply the Services, and ensure that such information is accurate in all material respects;
(e) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start; and
(f) identify any health and safety guidelines or information applicable to your premises to our staff and subcontractors coming onto your premises.
3.2 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Customer Default”):
(a) we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 3.2; and
(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
4.1 Where we may work with children and vulnerable adults (the elderly) as part of the Services and to the extent that the Safeguarding Vulnerable Groups Act 2006 (the “Act”) applies, we shall:
(a) ensure that all individuals engaged in Regulated Activity (as defined under the Act) are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service; and
(b) monitor the level and validity of the checks under this clause 4.1 for each member of staff.
(c) not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to you or children or vulnerable adults receiving the benefit of our Services.
4.2 We warrant that at all times for the purposes of this Contract we have no reason to believe that any person who is or will be employed or engaged by us in the provision of the Services is barred from the activity in accordance with the provisions of the Act and any regulations made thereunder, as amended from time to time.
4.3 We shall immediately notify you of any information that you reasonably request to enable you to be satisfied that the obligations of this clause 4 have been met.
4.4 We shall refer information about any person carrying out the Services to the DBS where we remove permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in our opinion, such person has harmed or poses a risk of harm to you or children or vulnerable adults.
5.1 The Booking constitutes an offer by you to purchase Services in accordance with these Terms.
5.2 The Booking shall only be deemed to be accepted when we issue written email acceptance of the Booking at which point and on which date the Contract shall come into existence (the “Commencement Date”).
5.3 The Contract constitutes the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Contract.
5.4 These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
6.1 Subject to clause 6.2 below, if you are a consumer, you have a legal right to cancel the Contract within 14 days after the day the Contract was entered into (i.e. 14 days the day you receive the acknowledgement of your Booking) without giving a reason. This means that during the relevant period if you change your mind, you can notify us of your decision to cancel the Contract and receive a refund. However, we can and will charge for any Services provided up until the date of cancellation.
6.2 You acknowledge that you lose the cancellation right outlined in clause 6.1 if you have requested that the Services be provided within the 14 day cancellation period (in other words, within 14 days after you made the Booking) and the Services have been performed.
6.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You must e-mail us at firstname.lastname@example.org or by post to Burford Road Business Centre, Unit 2010, 11 Burford Rd, London E15 2ST. Please include details of your Booking to help us to identify it. Your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
6.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Services.
(b) make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.
6.5 We will refund you on the method used by you to pay.
7.1 The charges for the Services (“Charges”) shall be calculated in accordance with our standard rates as published on our Site at the time you make your Booking.
7.2 In the case of payment by PayPal or WorldPay, credit or debit card, Charges are payable at the time of you making the Booking. In the case of payment by cash, Charges are payable in person on the first day we carry out the Services at your premises.
7.3 If you fail to make any payment due to us under the Contract by the due date for payment, then you shall be liable to pay statutory interest on the overdue amount.
8.1 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors or fraud or fraudulent misrepresentation.
8.2 Subject to clause 8.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1 000 000.
8.3 This clause 8 shall survive termination of the Contract.
9.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of us including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9.2 We shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
9.3 If the Force Majeure Event prevents us from providing any of the Services, we shall have the right to terminate this Contract immediately by giving written notice to you, and in such case we will refund any Charges for Services not performed.
10.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
10.2 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
10.3 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
10.4 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
10.5 A person who is not a party to the Contract shall not have any rights to enforce its terms.
10.6 Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Supplier.
10.7 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
10.8 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).