1. Terms and Conditions
These terms and conditions (“Terms”) set out the terms on which we supply services to you.
Any reference in these terms to a customer, you or your is a reference to you.
Any reference in these Terms to us, we or Horsleys is a refence to Horsleys of Stafford Limited (company number 12451244) and our registered office is Unit 2 Paton Close, Tollgate Park, Stafford, Staffordshire, ST16 3EG.
Reference in these Terms to “your order” refers to the services listed on the Acceptance of Quotation once signed by you.
You can purchase services from us from our website, over the telephone or in person.
Our High Value Item threshold is £5,000, any items valued at this amount or more are deemed to be High Value Items this is referred to as the “High Value Item Amount”.
You agree that by continuing with your order you accept these terms and conditions and agree to be bound by them.
2. Who we are and where to find information about us and our services
We are Horsleys, you can find everything you need to know about us and our services on our website or from our sales staff before you order. You can contact us by email sales@horsleys.net or by telephone 01785 252121.
For the purpose of these terms, anything expressed as being in “writing” includes email.
If we need to contact you to discuss your order then we will call or email you on the details you provide to us when you place your order.
3. The Removal Services we do provide
Our Removal Services include the removal, transport of your goods and unloading of your goods as detailed on the Removal Schedule.
Your goods will be transferred from the address(es) set out on the Acceptance of Quotation. We will transport the goods to the delivery address(es) set out on the Acceptance of Quotation. As part of our removal services we may also store your goods in our store.
We will deliver your goods in the same condition as provided to us. We shall, subject to the provisions of clauses 17 and 18, be liable under this agreement to compensate you for failure to deliver your goods in the same condition they were in immediately prior to being packed/ the goods being placed into our custody for the purposes of carrying out the removal and/or storage services.
We will decide upon the route to take to deliver your goods and we may also transport other customers goods at the same time.
4. The Removal Services we do not provide
We do not provide the following removal services:
- We will not disconnect cookers or any gas appliance or anything hardwired (wired into a switched spur).
- We will not take up or lay fitted floor coverings.
- We will not remove goods from a loft unless the loft is properly lit and properly floored and safe access is possible.
- We will not remove, transport or store any of the following: Goods or substances that are combustible, flammable, poisonous, toxic, corrosive, explosive, radioactive, or potentially hazardous.
- Goods that are harmful to the environment or property.
- Jewellery, watches, trinkets, precious stones or metals.
- Mobile telephones, and computing devices.
- Goods likely to encourage vermin or other pests or to cause infestation or contamination.
- Goods which in the reasonable opinion of us are hazardous to health, dirty or unhygienic or likely to attract vermin or pests.
- Perishable goods.
- Goods requiring a controlled environment.
- Goods which require special licence or government permission for export or import.
- Illegal goods or goods obtained illegally.
- Currency, money, coins, deeds or securities.
- Goods which emit fumes or odours.
- Any living creature.
- Goods which are above our High Value Item threshold at our discretion.
- We will not dismantle or assemble garden furniture including but not limited to sheds, greenhouses, garden shelters, outdoor play equipment and satellite dishes unless detailed on the Removal Schedule.
Unless we agree with you in writing we will not:
- Pack your goods.
- Unpack your goods.
- Dismantle or assemble furniture of any kind.
5. Your responsibilities in relation to the Removal Services
You are responsible for making sure your order including all addresses and dates are accurate.
You will obtain all relevant consents, parking permits or permissions required for us to undertake the removal.
You will be physically present or have a representative physically present for the collection of the goods. You will be physically present or have a representative physically present for unloading of the goods at the delivery address.
You will confirm the value of any goods over the High Value Item amount stated on the Acceptance of Quotation form that will be subject to the removal services.
You will notify us of any areas of the vehicular access route between the addresses set out on the Acceptance of Quotation which will not be suitable for the weight, height or dimensions of a lorry.
You will ensure that:
- Any fridges or freezers are empty and have been defrosted.
- Goods left in unoccupied or unattended premises are appropriately supervised and secured.
- Garden appliances are clean and dry.
You confirm that either:
- You are the legal and beneficial owner of the goods that are subject to the removal services.
- You have permission from the legal and beneficial owner of the goods that the goods can be subject to the removal services.
In the event that you are not the legal and beneficial owner or do not have the relevant permissions from the legal and beneficial owner then you will indemnify us for any loss suffered by us as a result of us providing the removal services.
6. The Storage Services we do provide
We will appropriately securely store your goods in our store at our premises. Garden pots, plants will be stored in our yard.
Access to your goods is only possible during the hours of 08:00 to 16:00 on Monday to Friday.
7. The Storage Services we do not provide
We do not provide the following Storage services:
The storage of:
- Goods or substances that are combustible, flammable, poisonous, toxic, corrosive, explosive, radioactive, or potentially hazardous.
- Goods that are harmful to the environment or property.
- Jewellery, watches, trinkets, precious stones or metals.
- Mobile telephones, portable media and computing devices.
- Goods likely to encourage vermin or other pests or to cause infestation or contamination.
- Goods which in the reasonable opinion of us are hazardous to health, dirty or unhygienic or likely to attract vermin or pests.
- Perishable goods.
- Goods requiring a controlled environment.
- Goods which require special licence or government permission for export or import.
- Illegal goods or goods obtained illegally.
- Currency, money, coins, deeds or securities.
- Goods which emit fumes or odours.
- Any living creature.
- Goods which are above our High Value Item threshold at our discretion.
8. Your responsibilities in relation to the Storage Services
You confirm that either:
- you are the legal and beneficial owner of the goods that are subject to the storage services.
- You have permission from the legal and beneficial owner of the goods that the goods can be subject to the storage services.
In the event that you are not the legal and beneficial owner or do not have the relevant permissions from the legal and beneficial owner then you will indemnify us for any loss suffered by us as a result of us providing the storage services.
9. Order process and payments for removals
We provide you with an estimate for the removal services.
You confirm that if you are happy you will confirm your agreement to our estimate by signing our Acceptance of Quotation document.
We contact you to confirm we’ve received your order and we’ve accepted it, subject to our being able to schedule the work.
When we accept your order and agree a schedule for the work, we will take payment from you by way of a deposit which shall be 25% of the value of the order. We will collect final payment for your order on completion of the removal services. When we take a payment from you, in full or by way of a deposit, this does not mean we have accepted your order and we could refund you in full if we later decide we cannot fulfil your order.
We accept bank transfers and all major credit and debit cards other than American Express as payments for services.
Unless already included in our estimate, additional charges will be payable by you in the following circumstances:
- The removal does not commence within 6 months of the estimate being provided by us unless the removal requires shipping, in which case a 28 day limit applies.
- Where we have given you a price including redelivery from our store within our estimate and the redelivery from our store has not taken place within 6 months from the date of the issue of the estimate.
- Our costs change because of increases in costs beyond our control (including but not limited to currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges.)
- The removal is carried out on: Saturday, Sunday or public holiday.
Monday to Friday outside of the hours of 08:00 to 16:30 - If you request collection or access to your goods while they are in store.
- We supply any additional services, including moving or storing extra goods.
- The entrance or exit to the premises and/or the inside of the premises are inadequate for free movement of the goods without mechanical equipment or structural alteration.
- It is not possible 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 the Removal Services.
- Any fees due to government bodies including but not limited to demurrage, taxes or inspection fees.
10. Order process and payments for storage
We provide you with an estimate for the storage services.
You confirm that if you are happy with our estimate.
We contact you to confirm we have received your order and confirm we have accepted it.
We will collect payment from you monthly in arrears for the storage services. We will charge by the day for the storage services. However the rate that you will be provided with is a weekly rate. To illustrate this with a worked example: if goods are stored for 25 days. The cost will be 25 multiplied by (weekly rate divided by 7).
We will collect the final payment from you for storage services before the goods are released from storage.
When we take a payment from you, in full or by way of a deposit, this does not mean we have accepted your order and we could refund you in full if we later decide we cannot fulfil your order.
You will confirm the value of any goods over the High Value Item Amount specified on the Acceptance of Quotation that will be subject to the Storage Services.
11. Further information regarding payments
We charge interest on late payments
If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
Lien
We have a right of lien, which is a right to retain, seize and sell or otherwise dispose of some or all of the Goods as security for your obligation to make payments under these terms and conditions. We will use our best endeavours to give you notice in writing before exercising this right.
12. Delays outside our control
We are not responsible for delays outside our control
If our supply of your service is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: by email sales@horsleys.net or by phone 01785 252121 to end the contract and receive a refund for any services you have paid for in advance, but not received, less reasonable costs we have already incurred.
13. Changes to your order
IF YOU BOUGHT ONLINE, OVER THE TELEPHONE OR ON YOUR DOORSTEP, YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND
Your legal right to change your mind. For most of our services bought online, over the telephone or on your doorstep, you have 14 days after the date we confirm your order to change your mind about a purchase, but:
- You lose the right to cancel any service, when it has been completed (and you must pay for any services provided up to the time you cancel).
How to let us know and what happens next.
If you change your mind contact our Customer Service Team: by email sales@horsleys.net or by phone 01785 252121. We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We do not charge a fee for the refund.
14. You have rights if there is something wrong with your service
If you think there is something wrong with your service, you must contact our Customer Service Team: by email sales@horsleys.net or by phone 01785252121. Remember too that You have several options for resolving disputes with us. Please refer to this section for further information.
Summary of your key legal rights
If your product is services the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
- If a price has not been agreed upfront, what you are asked to pay must be reasonable.
- If a time has not been agreed upfront, it must be carried out within a reasonable time.
15. We can change Services and these Terms
Changes we can always make. We can always change a service:
- to reflect changes in relevant laws and regulatory requirements; and
- to make minor technical adjustments and improvements, for example to address a security threat.
16. We can suspend supply (and you have rights if we do)
We can withdraw services
We can stop providing a service. We let you know at least 2 weeks in advance and we refund any sums you’ve paid in advance for services which won’t be provided.
We can end our contract with you
We can end our contract with you for a service and claim any compensation due to us if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service.
Our Storage Service Which Does Not Involve Removals
17.4.1 Where you have chosen our Self-Storage Service, our liability is limited to a sum not exceeding £40 per item, up to a maximum total liability of £100 any one event. 17.4.1.1 If you have packed the storage unit without the paid assistance of our staff, then our liability shall be excluded unless we have mishandled the wooden storage unit in which case our liability is limited in accordance with clause 17.4.1.
17.4.1.2 If you wish for a member of our staff to pack the wooden storage unit for you the charge will be at our current hourly rate.
17.5 Premises or property other than goods
17.5.1 In the case of damage to premises or property caused by our negligence or breach of contract our liability shall be limited to making good the damaged area only.
17.5.2 If we cause damage as a result of moving goods under your express instruction against our advice we shall not be liable.
17.5.3 You must state on the Satisfaction of Works note if we are responsible for causing damage to Your premises or property save for goods that we have removed or stored. You must notify us within a reasonable time and ideally as soon as practically possible after the damage occurs.
17.6 Exclusion of Liability
Unless we are negligent or in breach of contract we will not be liable for damage to:
- Goods or substances that are combustible, flammable, poisonous, toxic, corrosive, explosive, radioactive, or potentially hazardous.
- Good that are harmful to the environment or property.
- Jewellery, watches, trinkets, precious stones or metals.
- Mobile telephones, portable media and computing devices.
- Stamps, or goods or collections of any similar kind.
- Goods likely to encourage vermin or other pests or to cause infestation or contamination.
- Goods which in the reasonable opinion of us are hazardous to health, dirty or unhygienic or likely to attract vermin or pests.
- Perishable goods.
- Goods requiring a controlled environment.
- Goods which require special licence or government permission for export or import.
- Illegal goods or goods obtained illegally.
- Currency, money, coins, deeds or securities.
- Goods which emit fumes or odours.
- Paving slabs and planters
- Any living creature.
Unless we are negligent or in breach of contract we shall not be liable for loss or damage caused by any of the following circumstances:
- Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods.
- Infestation of insects or animals.
- Cleaning, repairing or restoring unless we arranged for the work to be carried out.
- Mould, mildew, rusting, tarnishing, corrosion or gradual deterioration.
- Where the goods have not been packed and unpacked by us.
- Any damage to motor vehicles including scratching, denting, chipping, and cost of repainting unless a pre-condition report is carried out by us prior to any transit taking place.
- Electrical or Mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
- Your property or land due to your failure to notify us of any areas on your property or land that are not suitable for the weight or height of a lorry.
18. Time limit for claims
Unless You or Your authorised representative notify us in writing at the time of collection of the goods we will not be liable for any damage in the event that You or Your authorised representative collect the goods from us.
Unless You notify us, our agent or the company carrying out the collection or delivery of the goods on our behalf that You intend to make a claim in respect of any loss or damage to the goods we shall have no liability for any loss or damage to the goods. The notification must be made in reasonable detail and in writing no later than seven days after the date of delivery of the goods. Ideally You will notify us as soon as you discover such loss or damage (or when a
reasonable person would have discovered such loss or damage). Provided that we receive a notification in writing of loss or damage within seven days of delivery we may, acting reasonably, extend the time limit beyond seven days after delivery to enable You to provide reasonable detail of the loss or damage.
19. You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team: by email: sales@horsleys.net by phone 01785 252121 will do their best to resolve any problems you have with us or our services.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
You can go to court. Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract. If you’re unhappy with the transfer you can contact our Customer Service Team: by email sales@horsleys.net or by phone: 01785 252121 to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for services not provided.
You can only transfer your contract with us to someone else if we agree to this.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
We use your personal data as set out in our privacy notice
How we use any personal data you give us is set out in our Privacy Notice which can be viewed by following the link: https://www.horsleys.net/privacypolicy
Horsleys Terms and Conditions Removal and Storage 240508
© Horsleys of Stafford Ltd 2024.