Fix My Property Home/Terms & Conditions
General
Your use of and
purchase of products and services from this site is governed by the
terms and conditions set out below, and as set out under Security,
Copyright, and Delivery.
We recommend you also read our Privacy policy. You can print the full
terms and conditions by selecting the print option in the File menu of
your browser.
We may at any time make changes to this site and the details displayed on it (including prices).
Fix My Property.com act as an agency in providing you the (customer /
the user of the site) in providing prices/price for works services you
wish carried out, Fix My Property.com take a 20% booking fee, once the
booking fee is paid to Fix My property.com in full, Fix My Property.com
will pass your details on a registered tradesperson/s for this
service/s to be carried out.
.
Terms and conditions of use:
1. Prices and Payment
The prices for goods displayed for sale on this site are as set out on
the site, are Fix My Property prices and are inclusive of VAT. Delivery
will be charged in addition, and any such additional charges are
clearly displayed where they apply. Prices and delivery charges
displayed are valid and effective only in the United Kingdom.
Fix My Property cannot accept your order until you have paid 20%
booking fee of the full price on line (including applicable delivery
charges if stated). Upon payment, we will confirm acceptance of your
order by e-mail which will be sent to the e-mail address you provide on
your order details. Whether or not you receive the e-mail, our
acceptance of your order will create a legally binding contract that
your order was booked for a tradesperson/s to carry out.
We reserve the right not to supply you at our discretion. Credit and
Debit Card Payments All card payments (with the exception of Time, Amex
and those by customers receiving a VAT invoice) are processed by
worldpay. You may have to pay them a 2.5% fee, which is included in the
total; the balance is paid to Fix My Property. The total amount you pay
is the same, regardless of the payment method.
2. Your right to cancel your order
You may cancel your Fix My Property order at any stage before the goods
or service are delivered to you or any work has been carried out. If
you wish to cancel your order you must phone your fitter to cancel the
appointment and contact Fix My Property by e-mail. We will not cancel
any orders over the phone all cancellations must be put in writing 14
working days before the works are due to be carried out, a admin fee of £50 will apply to all cancellations.
3. Our returns and refunds policy
If you are not satisfied with the service you have received from Fixmyproperty.com e-mail click here.
Exchange and Refunds
If your goods are
incorrect, faulty or damaged on delivery we will exchange the product
or issue a full refund to you including delivery charges provided that
they are a product specifically manufactured by FMP. If you are not
satisfied with the goods for any other reason we will exchange or
refund any unused items as sold, in their original saleable packaging,
to you including delivery charges. The collection of the goods will be
arranged through our nominated delivery carrier and the cost of return
will be at your expense. Refunds will be paid within 30 days of receipt
of the returned order.
* Exclusions: excludes installations and
products made to specific requirements. This does not affect your
statutory rights. How To return items: E-mail our Customer Services
team. They will arrange for the collection of the unwanted goods.
4. General
We shall not be liable to you where performance of any of our
obligations to you is prevented, frustrated or impeded by reason of
acts of God, war and other hostilities, civil commotion, accident,
strikes, lock outs, trade disputes, acts or restraints of Government,
imposition or restrictions of imports or exports or any other cause not
within the reasonable control of Fix My Property. Please ensure that
you have received and checked your order in full before booking any
fitters and contractors.
If any part of these terms and conditions is found to be unenforceable
as a matter of law, all other parts of these terms and conditions shall
not be affected and shall remain in force.We cannot guarantee that the
appearance and/or colours of products shown on this site exactly
reproduce the appearance and/or colours of the physical products
themselves. All sizes quoted are approximate.
Before working with electricity, gas or water you should always consult
an appropriate professional electrician or CORGI registered plumber.
Always read and follow any relevant manuals and safety instructions.
When working with electricity always turn off the mains. In connection
with building work.
Fix My Property cannot advise on planning permission or building
regulation issues. To the extent permitted by law, Fix My Property.com
accepts no liability for any loss, damage or injury arising as a
consequence of the advice provided. Fix My Property.com accept no
liability for any works carried out under the instruction of drawings
provided by clients architects, structural engineer or surveyor. It is
the clients responsibility to ensure that any drawings provided are
accurate and within building regulations.
All Health and Safety best practices are the responsibility of the
client. It is their specific responsibility to ensure that workers on
their site, be it residential or commercial are carrying out works in
keeping to the current Health and Safety Laws,
These terms and conditions and any contract between us shall be
governed by and construed in accordance with English law and the
English Courts shall have jurisdiction over any disputes between us.
In these terms and conditions:-"Fix My Property" means,
Fixmyproperty.com and any other connected organisation that supplies
the goods ordered by you and any successor to its business;
"We and Us" means Fixmyproperty.com either alone or together with you, as the context requires;
"Working day" means every day of the year except weekends, and English statutory and public holidays;
"You" means the person ordering goods/services subject to these terms and conditions;
To contact us on-line please complete and send the form in Contact us
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Fix My Property.com ("the Website") and
any Services referred to in Clause 2, is subject exclusively to these
Terms and Conditions. You will not use the Website/Services for any
purpose that is unlawful or prohibited by these Terms and Conditions.
By using the Website/Services you are fully accepting the terms,
conditions and disclaimers contained in this notice. If you do not
accept these Terms and Conditions you must immediately stop using the
Website/Services.
1.2 Your agree that Fix My Property.com may or will pass your order of
services or products to a registered tradesperson so that they may
contact you and carry out the services that you have the customer asked
Fix My Property.com to carry out.
1.3 We reserve the right to update or amend these Terms and Conditions
at any time and your continued use of the Website/Services following
any changes shall be deemed to be your acceptance of such change. It is
therefore your responsibility to check the Terms and Conditions
regularly for any changes.
2 THE SERVICES
The Website provides tools to place classified advertisements and
events into the “What’s On” section, and search engines to enable you
to find adverts and events closest to you.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users,
particularly children. Parents who wish to allow their children access
to and use of the Website/Services should supervise such access and
use. By allowing your child access to the Services you are allowing
your child access to all of the Services, including classifieds and
“What’s On”. It is therefore your responsibility to determine which
Services are appropriate for your child. Always use caution when
revealing personally identifiable information about yourself or your
children via any of the Services.
4 PRIVACY POLICY
4.1 We are committed to responsible data management and subscribe to
the principals of the data protection legislation in the United
Kingdom. We are committed to maintaining the privacy of our users and
maintaining the security of any personal information received from you.
If you register for any of the Services you will be asked to provide
basic personal information. The information provided by you is not
available for sale or use by third parties. The information is used to
determine the location of any advert which you might place. It can also
be used to enable parties interested in your advertisements to contact
yourselves. Whether your contact information is visible upon the site,
is determined by yourselves when placing an advert, but can be amended
at anytime through the “Mydetails” . We will also use your registration
information to notifying you of changes or updates to the
Website/Services.
4.2 We use a technology called "cookies" as part of our normal business
procedure to determine if you have signed into our Website. A cookie is
an element of data that the Website sends to your browser that is then
stored on your system. You can set your browser to prevent this
happening, but this will prevent you from placing adverts and events
onto the Website.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be
required to complete the registration process by providing certain
information and registering a username and password for use with that
Service. You are responsible for maintaining the confidentiality of the
username and password and also for all activities which take place
under your account. You agree to immediately notify us of any
unauthorised use of your password or account or any other breach of
security. In no event will Fix My Property.com be liable for any
indirect or consequential loss or damage whatsoever resulting from the
disclosure of your username and/or password. You may not use another
person’s account at any time, without the express permission of the
account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos,
photographs, images, moving images, sound, illustrations and other
materials ("the Content"), whether posted publicly or transmitted
privately, are the sole responsibility of the person from whom such
Content originated. We do not control or endorse the Content and cannot
guarantee the accuracy, integrity or quality of such Content and you
acknowledge that by using the Services you may be exposed to Content
that is offensive and/or indecent. Fix My Property.com will not be
liable in any way for any Content or for any loss or damage of any kind
resulting from the use of any Content transmitted via the Services and
you agree to bear all risks associated with the use of any Content,
including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid
schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information
that is defamatory, infringing, obscene, indecent, threatening,
abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information
that incites discrimination, hate or violence towards any person or
group on account of their race, religion, disability, nationality or
otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal
rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any
copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan
or corrupt data that may damage the operation of the computer or
property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 impersonate any person or entity for the purpose of misleading others;
6.2.9 violate any applicable laws or regulations;
6.2.10 use the Website/Services in any manner that could damage,
disable, overburden or impair the Website/Services or interfere with
any other party’s use and enjoyment of the Website/Services;
6.2.11 post, publish, distribute or disseminate material or information
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information or
confidential information disclosed in the course of employment or under
a confidentiality agreement);
6.2.12 attempt to gain unauthorised access to any of the Services,
other accounts, computer systems or networks connected to the
Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled
to review adverts posted and, at our sole discretion, to remove any
material that breaches these Terms and Conditions or is otherwise
objectionable.
7 TERMINATION
We have the right to terminate your access to any or all of the
Services at any time, without notice, for any reason, including without
limitation, breach of these Terms and Conditions. We may also at any
time, at our sole discretion, discontinue the Website/Services or any
part thereof without prior notice and you agree that we shall not be
liable to you or any third party for any termination of your access to
the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are
controlled and maintained by others. Any link to other websites is not
an endorsement of such websites and you acknowledge and agree that Fix
My Property.com is not responsible for the content or availability of
any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission
of technical data exported from the United Kingdom or the country in
which you reside (if different) and with all local laws and rules
regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the
Website design, text, graphics and all software and source codes
connected with the Website and the Services) are protected by
copyright, trade marks, patents and other intellectual property rights
and laws. None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior written
consent of the copyright holder. This excludes the downloading, copying
and/or printing of pages of the Website for personal, non-commercial
home use only.
10.2 Fix My Property.com does not claim ownership of any materials you
post, upload or submit to any publicly accessible area of the Services.
However, by doing so you are granting us a world-wide, royalty free,
non-exclusive licence to copy, distribute, transmit, reproduce,
publicly display, edit, translate or publish such Content for as long
as you elect to display such Content via the Services. The licence
shall be terminated when such Content is deleted from the Services.
11 INDEMNITY
You agree to indemnify and hold Fix My Property.com harmless from and
against any breach by you of these Terms and Conditions and any claim
or demand brought against Fix My Property.com by any third party
arising out of your use of the Services and/or any Content submitted,
posted or transmitted through the Services, including without
limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and
expenses) howsoever suffered or incurred by Fix My Property.com in
consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The
Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without warranty of
any kind whether express or implied, including but not limited to the
implied warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, Fix My Property.com will not be
liable for any indirect or consequential loss or damage whatsoever
(including without limitation loss of business, opportunity, data,
profits) arising out of or in connection with the use of the
Website/Services.
12.3 Fix My Property.com makes no warranty that the Website/Services
will meet your requirements, that Content will be accurate or reliable,
that the functionality of the Website/Services will be uninterrupted or
error free, that defects will be corrected or that the Website/Services
or the server that makes them available are free of viruses or anything
else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to
exclude or limit the liability of Fix My Property.com for death or
personal injury as a result of the negligence of Fix My Property.com.
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
12.5 Fix My Property.com In the event that you have any right, claim or
action against any other user arising from that user's use of the Site,
you agree to pursue such right, claim or action independently of and
without recourse to us, and you release Fix My Property.com (and our
directors and employees) from all claims, liability, damages, losses,
costs and expenses, including legal fees, known and unknown, arising
from or in any way connected with such right, claim or action.
12.6 Although we cannot, and do not guarantee work done by workmen,
tradespersons that you find via our site and workmen, tradespersons
that Fix My Property.com appoint to carry you’re the services that has
been order by you the customer.
13 SEVERANCE
If any of these Terms and Conditions should be determined to be
invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction then such Term or Condition shall be severed and
the remaining Terms and Conditions shall survive and remain in full
force and effect and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in
accordance with the law of England and you hereby submit to the
exclusive jurisdiction of the English courts.
15
· The Company “Fixmyproperty.com” “fixmyproperty.com” shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company seeking an “tradesperson” “Fitter” for the Client or from the Introduction to or Engagement of any “Applicant” “tradesperson” “Fitter” by the Client or from the failure of the Company to introduce any “Applicant” “tradesperson” “Fitter”. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
· These Terms of Business supersede all previous Terms and Conditions issued by Fixmyproperty.com . The rate and all other fees mentioned herein are quoted or estimated exclusive of Value Added Tax unless expressly stated to the contrary. No variation can be made to these terms without the consent of a Director of the Agency Fixmyproperty.com . Nothing herein contained shall constitute the relationship of Master and Servant or any partnership either between the Client and the Agency Fixmyproperty.com or between the Client and the Temporary Workers or Applicants Tradesperson, Fitters supplied. These Terms are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.
• In these Terms of Business the following definitions apply:
‘Assignment’ - means the period during which the Temporary Worker
tradesperson, fitter is supplied to render services to the Client;
‘Client’ - means the person, firm or corporate body together with any
subsidiary or associated company as defined by the Companies Act 1985
to whom the Applicant is Introduced;
‘The Employment Business’ - means Fixmyproperty.com , office 73, 34 Buckingham Palace Road, London, SW1W 0RH
‘Engagement’ - means any employment or use of the Temporary Worker on a
permanent or temporary basis, whether under a contract of service or
for services; an agency licence, franchise or partnership arrangement;
or any other engagement;
‘Temporary Worker’ - means the individual whose services are supplied by fixmyproperty.com to the Client;
‘Introduction’ - means the Client’s interview of a Temporary Worker in
person or by telephone o, following the Client’s order via the website
www.fixmyproperty.com the Company will search for a Temporary Worker,
or the passing to the Client or other information which identifies the
Temporary Worker and which leads to an Engagement of that Temporary
Worker by the Client.
· At the end of each week of an Assignment, order completed, work carried out (or at the end of the Assignment where it is for a period of one week or less or is completed before the end of a week) the Client shall release the order code or time sheet verifying the number of hours worked by the Temporary Worker, tradesperson, fitter during that week or the order, works.
· Signature of the time sheet or the order code or payment to the temporary, tradesperson, fitter by the Client indicates satisfaction with the services provided by the Temporary Worker tradesperson, fitter and confirmation of the number of hours worked or the works being carried out to the clients satisfaction. Failure to sign the time sheet or to release the order code or payment the tradesperson, fitter does not absolve the Client’s obligation to pay the charges in respect of the hours worked.
· Whilst every effort is made by the Fixmyproperty.com to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers tradesperson, fitter and further to provide them in accordance with the Client’s booking details, the fixmyproperty.com is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker, tradesperson, fitter for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill in the Temporary Worker tradesperson, fitter. For the avoidance of doubt, Fixmyproperty.com does not exclude liability for death or personal injury arising from its own negligence.
· Temporary Workers tradesperson, fitter are engaged by Fixmyproperty.com under contracts for services. They are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment, order, works. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker tradesperson, fitter, whether wilful, negligent or otherwise as though he was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding the matters specifically mentioned in clause above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments. The Client shall also advise Fixmyproperty.com of any special health and safety matters about which the Employment Business is required to inform the Temporary Worker. The client will assist Fixmyproperty.com in complying with the Employment Business’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by fixmyproperty.com and the Client will not do anything to cause the fixmyproperty.com to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for any extra works, the Client must notify the fitter of this requirement before the commencement of that work.
