Back2Market Terms & Conditions...
These conditions explain the rights, obligations and responsibilities of all parties to this Agreement. Where we use the words ‘you’ or ‘your’ it means the Customer. Where we use ‘we’, ‘us’, ‘our’ or ‘ourselves’, it means Back2Market. These Terms and Conditions can be varied or amended subject to prior written agreement.
Back2Market is Mr Paul Beddow trading as Back2Market, 60 Rosebery Avenue, Yeovil, BA21 5LQ. Tel: 01935 509057 or 07853 275379.
Email: firstname.lastname@example.org Website: Back2Market.com
1. OUR QUOTATION.
Our Quotation is provided free of charge and with no obligation. Our quotation, unless otherwise stated, does not include customs duties and inspections or any other fees or taxes payable to government bodies. It does include us accepting liability for your goods subject to the provisional of clauses 2,3,4,5,9,10,11 and 12.
Back2Market do not request Deposits. Payment instead is to be made at the end of the work or within 7 days of receipt of invoice – see Section 7 for further details.
We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include:
- You do not accept our quotation in writing within 28 days, or the work is not carried out or completed within three months.
- Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.
- The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-17:00hrs) at your request.
- We have to collect or deliver goods at your request above the ground floor and first upper floor.
- If you collect some or all of the goods from our warehouse, we are entitled to make a charge for handing them over.
- We supply any additional services, including moving, clearing and/or storing extra goods/items/materials (these conditions apply to such work), and/or make additional trips.
- The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within 20 metres of the doorway.
- We have to pay parking or other fees or charges in order to carry out services on your behalf.
- There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work*.
- We agree in writing to increase our limit of liability set out in clause 9.
- You or your representative were not available at the agreed time (if appropriate) to let us into the property.
- For Clearances: Items that were included when the quotation was given are no longer available to clear or purchase from you. In any such circumstances, adjusted charges will apply and become payable.
*REMOVALS: Should unloading be delayed beyond 2:00pm and/or the work continue beyond our standard hours, we reserve the right to make additional charges of £25 per hour (or part thereof) + VAT per person from Back2Market (including any Subcontractors) involved in the Removal. This would most likely be due to waiting for Keys to be released, but could also include; delays loading such as Solicitor/Chain requirements, additional items being included in the Removal, not being fully packed, previous occupants of the property still being in the property, beyond reasonable requests to reposition furniture/appliances/boxes and other items outside of the control of Back2Market. This would not include factors already factored in by Back2Market, such as normal travel time between properties. These examples are not exhaustive.
2. WORK NOT INCLUDED IN THE QUOTATION
Unless agreed by us in writing, we will not;
- Other than as part of a Clearance; Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
- Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
- Take up or lay fitted floor coverings. Other than in clearances when we will take up floor coverings if agreed.
- Move items from a loft, unless properly lit and floored, and safe access is provided.
- Move or store any items excluded under Clause 5.
- For Clearances: we do not clear items that contain sensitive personal data under the General Data Protection Regulations. It is your responsibility to ensure items are removed prior to the clearance being undertaken. If we do, these will be subject to additional charges for secure document destruction.
Our staff are not authorized/qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these.
3. YOUR RESPONSIBILITY
It will be your sole responsibility to;
- Declare to us, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value you declare, you agree that our liability under clause 9 will be reduced to reflect the proportion that your declared value bears to their actual value.
- Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
- Be present or represented during the work at the agreed time (where this applies), or to allow us access to the property either by providing us with keys in advance or access to keys via a third party or secure, agreed location (such as keysafe) prior to the work.
- Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.
- Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
- Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
- Prepare adequately and stabilize all appliances or electronic equipment prior to their removal. Check and stabilize all appliances or electronic equipment following unloading and before first use.
- Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
- Provide us with a contact address for correspondence during removal transit and/or storage of goods.
- Ensure that we have adequate access to the property and items to be removed/cleared by us, that is free from obstacles, restrictions, hazards and potential health and safety risks to us and our vehicles. For removals this includes free, unrestricted access when we are contracted to only take furniture/large items, certain items only or similar situations, for example.
- For Removals where you are packing yourself, ensure that all items to be removed by us are fully ready and packed upon our arrival to undertake the removal.
- To have arranged disconnection of all Gas and or Electrical items/appliances to be removed/cleared prior to the commencement of the work.
- Take all reasonable steps to ensure that items not to be removed/cleared by us are clearly separated, marked accordingly or removed prior to our quotation and the work being undertaken, or that you (or your representative) is available to advise us of these items accordingly.
- Take all reasonable steps to ensure that items that have been included during our quotation are then available for us to clear. Otherwise additional charges or a change to the price may occur.
Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from your failure to discharge these responsibilities. Additional charges may be imposed by us should you breach your responsibilities under this contract.
4. OUR RESPONSIBILITY
- It is our responsibility to ensure that we provide the service(s) as agreed in our quotation.
- Not to remove and/or items previously agreed as excluded, as long as they are clearly marked.
- To take all reasonable steps not to cause damage to your property as a direct consequence of our services, subject to you having met your responsibilities to us in that service.
- Should we cause any accidental damage we will take responsibility to rectify this either ourselves or through suitable trades people.
- It is our responsibility to deliver your goods to you, or produce them for your collection, undamaged. By “undamaged" we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/ or storage.
- In the event that we have undertaken to pack the goods, or otherwise make them ready for transportation and/or storage, it is our responsibility to deliver them to you, or produce them for your collection, undamaged. Again, by "undamaged" we mean in the same condition as they were in immediately prior to being packed/ made ready for transportation or storage.
- If we fail to discharge the responsibilities identified in clause 4, we will, subject to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate you for such failure.
- We will not be liable to compensate you where clauses 2, 3 and 5 apply unless loss or damage occurred as a result of negligence or breach of contract on our part.
- If you do not provide us with a declaration of value of your goods, or if you do not require us to accept standard liability pursuant to clause 9 we will not be liable to you for failure to discharge the responsibilities identified in clause 4, unless that failure was caused by negligence or breach of contract on our part.
The amount of our liability under this clause shall be determined in accordance with clauses 9 and 11.
5. GOODS NOT PERMITTED FOR REMOVAL, CLEARANCE OR STORAGE
Unless previously agreed in writing with us, the following items/classes of items must not be submitted for clearance, removal and/or storage and will under no circumstances be removed, cleared and/or stored by us;
- Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
- Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind. Other than for Clearance.
- Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. Other than for Clearance.
- Perishable items and/or those requiring a controlled environment.
- Any animals, birds or fish.
- Goods which require special licence or government permission, including but not limited to, for export or import.
If we do agree to remove, clear and/or store such items, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply.
If you submit such items without our knowledge we will make them available for our collection and if you do not collect them within a reasonable time, we will apply take the necessary action to dispose of the items in the appropriate way such as applying for a Court Order. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.
6. OWNERSHIP OF THE ITEMS REMOVED/CLEARED/STORED
By entering into this agreement you guarantee that;
- The items/goods to be removed, cleared and/or stored are your own property, or
- The person(s) who own or have an interest in them have given you authority to make this contract and have been made aware of these conditions.
- You will pay us for any claim for damages and/or costs brought against us if either of these clauses is not true.
- Items to be cleared upon agreement of these terms and conditions and acceptance of our quotation become the property of Back2Market. This does not include items to be only stored or removed by Back2Market, which of course remain in your ownership.
7. YOUR RIGHTS TO CANCEL.
As part of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
- The customer has a right to cancel this contract starting 14 days from the day this contract is made provided the customer has informed the trader in writing, by telephone call, text or email.
- If a customer has agreed in writing to the service being started within the 14 day cancellation period they can still cancel but Back2Market shall be entitled to payment for all works completed up until the date of cancellation
If you postpone or cancel this Agreement after the 14 day cancellation period, we will not ordinarily charge you if reasonable notice is given. However, we reserve the right to charge you if;
- You give us less than three full working days’ notice for any of our Services.
- You do not give us any notice
- We have already incurred costs in relation to the services.
In these circumstances, a maximum charge of 50% of the quoted Charge will apply at the discretion of the Proprietor and/or the Business Manager. This will of course, depend on the circumstances of the cancellation. This does not affect your Statutory Right to cancel under the Consumer Contracts Regulations 2013.
8. PAYMENT AND CHARGES
Preferred methods of payment are;
- Bank Transfer to; Back2Market. Sort Code: 518101. Account No: 82598894. Within seven days of receipt of our invoice.
- Cheque payable to: Back2Market. Either given to us at the end of the clearance and/or cleaning service or posted to us within seven days of receipt of our invoice.
- Card Payments via Stripe. See invoice for details.
- We will accept cash payments, but only when agreed in advance with the Proprietor, Paul Beddow, or the Business Manager and this is not our preferred payment method.
- You may not withhold any part of the agreed price.
- In respect of all sums which are overdue to us, we will charge interest on a compounded daily basis calculated at 3% per annum above the prevailing base rate for the time being of the Bank of England.
- We will charge a £15 administration fee for processing and taking action on overdue accounts.
- Should any cheques or payments be declined we will charge the actual referral fee that applies at the time as charged by our bank (Nat West) plus a £15 administration fee.
9. DETERMINATION OF AMOUNT OF OUR LIABILITY FOR LOSS OR DAMAGE
- We confirm that we hold Hire & Reward Commercial Vehicle, Goods in Transit and Public Liability Insurance.
- We confirm that we hold Employer’s Liability Insurance.
- If you provide us with a declaration of the value of your goods, and subject to clause 3, the amount of our liability to you in the event of loss or damage to those goods in breach of clause 4 will be determined in accordance with Clauses 9 and 11 below, subject to a maximum liability of £25,000. We may agree to accept liability for a higher amount, in which case we may make an additional charge.
- In the event of loss of or damage to your goods in breach of clause 4, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement whichever is the smaller sum, taking into account the age and condition of the goods immediately prior to their loss or damage, and subject to the maximum liability of £25,000 referred to in this clause (unless we have agreed a higher amount with you).
- Where the lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.
If you do not provide us with a declaration of value, or if you do not require us to accept Standard Liability pursuant to this clause, then our liability to you is to be determined in accordance with Clauses 9 and 11.
In the event of loss of or damage to your goods caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a maximum liability of £40 per item. Your attention is drawn to clause 11.
For goods destined to or received from a place outside the UK
- We will only accept Standard Liability if you provide us with a detailed valuation of your goods on the valuation form which we provide. All other provisions of Clause 9 will apply.
- We do not accept liability for loss of or damage to goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
- We do not accept liability for loss of or damage to goods occurring in certain overseas countries, including Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, N. Korea and Former States of the USSR, unless we have been negligent or in breach of contract. This list is not exhaustive, and we will advise you at the time of quotation if this exclusion applies.
- We will accept liability for loss or damage;
- arising from our negligence or breach of contract whilst the goods are in our physical possession, or
- whilst the goods are in the possession of others if the loss or damage is established to have been caused by our failure to pack the goods to a reasonable standard where we have been contracted to pack the goods that are subject to the claim.
In either circumstance clause 9 above will apply.
An Item is defined as :-
- The entire contents of a box, parcel, package, carton, or similar container; and
- Any other object or thing that is moved, handled or stored by us.
CLEARANCES AND/OR CLEANING SERVICES
- In the event of loss or damage to you and your goods (other than those that transfer to the ownership of Back2Market) and/or property during our services, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, whichever is a similar sum, taking into account the age and condition of the goods and/or property immediately prior to their loss or damage.
- Where the loss or damage is to an item part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a set.
- If we cause loss or damage to premises or property other than goods for clearance and/or cleaning, as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
- If we cause loss or damage as a result of removing, clearing and/or moving items and/or cleaning items or areas against our advice, and where to do so in the manner instructed by you is likely to cause damage, we shall not be liable.
10. DAMAGE TO PREMISES OR PROPERTY OTHER THAN GOODS
Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
- If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
- If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
- If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.
11. EXCLUSIONS OF LIABILITY.
In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract.
In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :-
- Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones
- Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
- Perishable items and/or those requiring a controlled environment.
- Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
- Any animals, birds or fish.
In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-
- By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control.
- Loss or damage arising from ionising radiations or radioactive contamination
- Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack
- Indirect or consequential loss of any kind or description
- By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
- By vermin, moth, insects and similar infestation, damp, mould, mildew or rust
- By cleaning, repairing or restoring unless we arranged for the work to be carried out.
- By change to atmospheric or climatic conditions.
- For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
- Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £100 or its actual value whichever is less.
- For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
- Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report.
- Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. Loss or damage sustained by accessories and removable items unless lost with the vehicle
- For any goods which have a pre-existing defect or are inherently defective.
No employee (or contractor/sub-contractor) of ours shall be separately liable to you for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement.
Our liability will cease upon completion of the removal, clearance, and/or cleaning service, and/or storage service.
12. TIME LIMIT FOR CLAIMS
We will not be liable for any loss or damage unless a claim is notified to us in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven days of completion of the service by us.
- For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods within 7 days of delivery .If you or your agent collect the goods, you must notify us in writing of any loss or damage within 7 days of the goods being handed to you or your agent.
- Notwithstanding clauses 9, 10 and 11 we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us.
- The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
- For services provided, should these note be carried out with reasonable care and skill, you must notify us in writing within 7 days of the completion of the service.
- If your circumstances dictate that the time limits in this contract cannot be adhered to, you will need to notify us as soon as practically possible and provide full details and supporting evidence (if applicable) of the reason for the delay in the claim. This will then be discussed by Back2Market, and our Insurers and/or Dispute Resolution Ombudsman as necessary to enable a decision to be made.
13. DELAYS IN TRANSIT
- Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
- If through no fault of ours we are unable to deliver your goods, we will take them into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense
We always endeavor to provide the best service for our customers. However, on rare occasions, we recognize there may be times where our customers may not be completely satisfied. To ensure we are able to put things right as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
- As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
- In the event of a Complaint please write or email us.
- We aim to respond within 7 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
- In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible.
- DISPUTE OMBUDSMAN. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted Trader we use ‘Dispute Resolution Ombudsman’ for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact them on 0117 456 6032.
- This does not prejudice your right or our right to commence any other proceedings, such as Court proceedings.
Disputes/complaints can be reported in the first instance to: Claire Beddow, Business Manager of Back2Market;
- By email to: email@example.com
- By telephone to: 07845 231488
- Or by post to: 60 Rosebery Avenue, Yeovil, BA21 5LQ
15. OUR RIGHT TO SUB-CONTRACT THE WORK
- We reserve the right to sub-contract some or all of the work.
- If we sub-contract, these conditions will still apply.
16. ROUTE AND METHOD
- We have the right to choose the method and route by which we carry out the work.
- Unless it has been specifically agreed otherwise in our Quotation, other space/volume/capacity on our vehicles and/or the storage used may be utilized for consignments/services provided to other customers, where appropriate and relevant.
17. APPLICABLE LAW
This contract is subject to the law of the country in which the office of the company issuing this contract is situated.
18. YOUR FORWARDING ADDRESS (STORAGE SERVICES ONLY)
- If we are storing goods/items for you, you must provide full contact details (address, all available telephone numbers and email address) and notify us of any changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us.
- If you do not provide such an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed and/or on social media sites such as our Facebook page. Such notice will be considered to have been received by you seven days after the publication date of the newspaper or social media post/article.
- We will charge you any costs incurred in establishing your whereabouts.
19. REVISION OF STORAGE CHARGES
We review our storage charges periodically. You will be given three months’ notice in writing of any increases.
20. OUR RIGHT TO HOLD, SELL OR DISPOSE OF THE GOODS
- Goods/items cleared by us (purchased, free clearance or paid for clearances) become the property of Back2Market as per the earlier clause and are for Back2Market to sell or dispose of as determined and when determined by Back2Market.
- We hold an Environment Agency Upper Tier Waste Carriers Licence.
- Any items disposed of us are done so responsibly and in accordance with our Waste Carriers Licence.
- We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply
- Items stored by us: if payment of our charges relating to your goods is in arrears, and on giving you one month’s notice, we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us, we may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. If the full amount due is not received we may seek to recover the balance from you.
21. TERMINATION OF STORAGE CONTRACTS
- If payments are up to date, we will not end this contract except by giving you one month’s notice in writing.
- If you wish to terminate your storage contract you must give us at least 10 working days’ notice (excludes weekends and bank holidays).
- If we can release the goods earlier, we will do so, provided that your account is paid up to date.
- Charges for storage are ordinarily per month or part thereof, unless otherwise agreed by us.
0800 242 5012 or 07853 275 379 to find out more about our
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Contact the Back2Market team today for a hassle free quote on your removals, clearance or cleaning service.
Call us today on:
0800 2425012 / 07853 275379
Our Business Hours:
Monday – Sunday 8am - 8pm
Mr P. Beddow t/a
60 Rosebery Avenue