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1.Who are we and our contact details 1.1. We are powerflush-uk.co.uk operating in England and Wales whose correspondence address is at Unit 4 Finkills Way, Northallerton, North Yorkshire, England, DL7 8UQ. 1.2. You can get hold of us in any of the following ways: a. by telephoning us on 01845 607533; b. by emailing us at info@powerflush-uk.co.uk 2. Please read these terms and conditions carefully before you place an order with us via the website . They contain important information, including a. how we will provide you with the services that you have ordered b. our payment terms and delivery times c. the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period) d. what you should do if there is a fault with the services that we have supplied to you, and e. how we will use your personal details as well as other matters. 2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by email. 2.2. We only supply services in the UK. 3. Your personal information 3.1. For information about how we collect and use your personal information, please see our general privacy notice that is available at www.powerflush-uk.co.uk. 4. Order Process and the Contract between you and us 4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can supply the services to you, which we will communicate by email. If we tell you that we cannot supply the services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to supply the services, and we have already received payment from you, then we will promptly refund you for any services that we cannot supply to you. 5. Changes to services 5.1. If you would like to make a change to the services for which you have already placed an order, please contact us as promptly as you can by email. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request. 5.2. In some circumstances, we may need to make minor changes to the services that you ordered. As these are minor changes and will not affect your use of the services we will not usually contact you about these. These minor changes are likely to be: a. because we need update the services to implement a change in the law, or a regulatory requirement; and/or b. because we need to make minor technical changes or enhancements that will not affect your use or enjoyment of the services. 5.3. It is possible that exceptionally, we may need to make a more major change to the services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 12.1 (cancellation terms) of these terms and conditions will apply. The only change that we expect to fall under this section would be to change to the date the service is carried out. 6. Payment details 6.1. The price of the services will be the price set out on our website at the time when you place your order. 6.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 12.1 of these terms and conditions will apply). 6.3. Any costs for delivery of the services and other costs associated with the services will be the amounts that were set out in the order process on our website. 6.4. For one-off services, you must make a prepayment of 100% of the price before we begin to supply the services. If you wish to add or change aspects of the work which incurs additional cost you must pay the for the extras immediately upon completion of the services. 6.5. We accept payment by debit or credit card. 6.6. If you do not pay us on time, we may charge you interest at the rate of 2% a year above the base rate from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day. We further retain the right to charge for any expenses incurred in collecting overdue and late payments. 6.7. All accounts beyond our credit terms will be passed to our debt collection agency, Sinclair Goldberg Price Ltd. All accounts, without exception will be subject to a surcharge of 15% plus vat to cover our costs in recovery.These accounts will also be subject to any legal costs incurred in obtaining settlement by Sinclair Goldberg Price Ltd. Brook Street, 243 Brook Street, Birkenhead.CH41 3SE9 to cover bad debts 7. Supply of services 7.1. Before you place your order, on our order pages, we will let you know when we will supply the services to you. For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and in most cases the service will be completed the same day; 7.2. If the system is in need of repairs at the time of the powerflush or there are installation defects in the system this may impact the effectiveness of the flush. For best results we recommend that any known faults are repaired prior to booking a powerflush. It is recommended that heating systems are regularly maintained, with regular servicing and correct amount of inhibitor/ biocide maintained to prevent build up of debris and sludge. Worn and damaged parts should be repaired and replaced as required. If parts of your heating system are not working and need replacing or repairing for example if pipework is not open to the system because a valve is stuck closed or a pipe or component is completely blocked the heating system water will not be able to travel through pipework after that blockage/valve and that section of the system will not be flushed. Fully blocked pipework may not be cleared through powerflushing alone and your system may require repiping. You may need to book a second powerflush after repairs have been carried out to fully clean the system. 8. Your obligations 8.1. We will inform you in the description of the services on our website of information that we need from you in order to supply you with the services and you will need to provide this at the time of booking. 8.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 13.2 will apply), or we may charge you for the additional costs that we incur as a result. 8.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in supplying you with the services, or if we do not supply any part of them to you. 8.4. So that we can supply the services to you, you will need to allow us access to your property. If you do not allow us access to your property at the time and date arranged with you we will contact you for instructions about what to do next and we may charge you for the additional costs that we incur as a result of you not allowing us access. If we are still not able to make arrangements with you for access to your property then we may cancel the contract and the consequences set out in section 13.2 will apply. 8.5. You must know how to operate your heating and hot water systems and must be able to turn your heating and hot water on and off and you will be expected to turn the heating and hot water on and off as required by the powerflushing operative. You must know the location of your incoming mains stop tap and it must be working and accessible. If your boiler is not working you must notify us prior to our arrival at your property, it is usually still possible to perform the powerflush. 8.6. Powerflushing is a cleaning process, you must provide access to fresh water and drainage for the dirty water - ideally an outside drain. If an outside drain is not available, we may use a toilet or other internal drain, please note that if your central heating water is very dirty, draining may cause staining to ceramic sanitation products, we will not be liable for any damage or discolouration to sanitaryware caused by disposal of dirty water. 8.7. You must notify us prior to work commencing of any faults with your heating system, including but not limited to; leaks, faulty or non working parts, known defects. We will not be liable to repair or replace any product or component of the heating system that is found to been defective, worn or damaged. In order to powerflush the heating system the operative will need to use taps, drain off valves, zone valves and radiator valves that are installed on your system. Unless we have supplied and installed a component on your system we will not be liable to supply or install any new components on the system. If a valve or tap fails when used for its intended purpose, ie if we operate a valve and it has ceased or develops a leak after being turned on/off this indicates the item is worn or damaged and we will not be liable for the product or any consequential damage caused to your property by a failure of any pre-existing component. 9. If there is a fault with the services 9.1. We hope that you are satisfied with the services that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1. 9.2. We must supply services to you that meet your consumer rights. 9.3. Powerflushing is a cleaning service, we will clean the central heating system using a powerflush machine and appropriate cleaning chemicals and we will take water readings to test the water in your heating system using a Total Dissolved Solids (TDS) tester. We aim to clean the water to reduce the TDS in your water to within 10% of the reading at the incoming mains (drinking water) but in cases where the system is very dirty more than one flush may be required to achieve this level and we would consider a TDS reading of below 20% of the incoming water mains as a successful first flush. 9.4. This section 9.4 provides you with a summary of your consumer rights if there is a fault with the services that we have supplied to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department. a. If we have supplied you with services, the Consumer Rights Act 2015 says: You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix it. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time. 9.5. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 11. 10. Our liability if you suffer loss or damage 10.1. If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in supplying the services to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract. 10.2. Where we are supplying services at your property, we will make good any damage that we cause to your property whilst supplying the services. However will will NOT cover a) damage or faults due to accident, misuse or neglect by persons other than the company’s employees, b) any defect of installation, c) damage or faults caused by failing or faulty parts due to any reason including wear and tear of parts that have not been supplied by the company, d) any damage caused by escape of water from existing pipework, valves, pumps, isolators, drain offs or any other product or appliance that has not been supplied and fitted by the company. 10.3. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the services or for providing you with defective items under the Consumer Protection Act 1987. 10.4. If we provide any advice to you, including in any instructions or manuals provided to you with the services, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions. 10.5. We only supply services for private and domestic use. We do not supply them for business or commercial use. If you do use the services for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill. 10.6. Our financial liability shall be limited to cost of the service purchased. 11. Cooling-off period and your right to cancel the contract during it 11.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 12 below. 11.2. When you purchase services from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 11.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 11.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling. 11.3. For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract However, it is subject to certain exceptions, which are set out in section 11.4 below. 11.4. If any of the following circumstances applies to the services that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those services because you have changed your mind: a. if the services have commenced; b. if you requested us to carry out urgent maintenance or repairs; c. if the services have been booked to be carried out inside the 14 day cooling off period. 11.5. If you want to cancel the contract because you have changed your mind, you should let us know before the end of the cooling-off period (as calculated in accordance with section 11.2 and 11.3) by following the cancellation link on the emailed confirmation. 11.6. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the services. We will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract. 12. Your rights to cancel the contract 12.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 11, if any of the following circumstances apply, you have the right to cancel this contract immediately: You cancel the contract using the cancellation link on the email giving at least 3 days notice before the service is due to commence We have informed you that there was an error with the price or the description of the services when you placed the order, and you now do not wish to proceed based on the correct price or description We have informed you that we need to make a major change to the services (see section 5.3) and you do not want to proceed with the change You have some other legal right to cancel the contract because of something we have done 12.2. If you do cancel the contract for any of the above reasons (section 12.1) then we will provide you with a refund for any services that you have paid for but we have not yet supplied. 12.3. If there is a fault with the services that we have supplied to you, please see section 9 of these terms and conditions. 12.4. If you are cancelling the contract for any other reason that is not set out in section 12.1 or section 11 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and no refund will be due. However, if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract. 13. Our rights to cancel the contract 13.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations: a. you do not pay us on time b. you do not provide us with information that we have requested from you within a reasonable time (see section 9.1), ie correct address and contact information; c. if we are supplying services at your property, you do not allow us entry to the property or re-arrange a time for entry to the property (see section 9.4) 13.2. If we cancel the contract because you have not performed your obligations, you will not be entitled to a refund. We may charge you, an amount of reasonable compensation for costs and losses that we incur due to having to cancel the contract. 14. General 14.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions. 14.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing. 14.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place. 14.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date. 14.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract. 14.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. Cancellation Form (Distance Contracts) Cancellation can be made using the cancellation link included in the email booking confirmation or follow the instructions below: To Powerflush-uk.co.uk, info@powerflush-uk.co.uk I/We [* goods [ Ordered on [ Name of consumer(s), Address of consumer(s), ] hereby give notice that I/We [ *]/for the supply of the following service [ *]/received on [*], *] wish to cancel my/our contract of sale of the following *], Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate