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Terms & Conditions

 

Please read before using website

Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you
must read these terms and conditions to make sure that they contain all that you want and nothing that you
are not happy with. If you are not sure about anything, just phone us on – 01622 436272

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the
Customer or you).
2. We are Holdsworth Property Services Limited a company registered in England and Wales under
number -­‐ 11196783 whose registered office is at – 32 Brewer Street, Maidstone, Kent, ME14 1RY
with E-­‐mail address – hpsltd01@gmail.com; telephone number (01622 436272); (the Supplier or us
or we).
3. These are the terms on which we sell all services to you. By ordering any of the services, you agree to
be bound by these Terms and Conditions.

Interpretation

4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her
trade, business, craft or profession;
5. Contract means the legally-­‐binding agreement between you and us for the supply of the services;
6. Delivery Location means the Suppliers premises or other location where the services are to be
supplied, as set out in the Order;
7. Goods means any goods that we supply to you with the Services, of the number and description as
set out in the order;
8. Order means the Customers order for the Services from the Supplier as set out in the Customers
order or in the Customers written acceptance of the Suppliers quotation;
9. Services means the services, including any Goods, of the number and description set out in the
Order.

Services

10. The description of the services and any goods is set out in our website, catalogues, brochures or
other form of advertisement. Any description is for illustrative purposes only and there may be small
discrepancies in size or colour of any goods supplied.
11. In the case of services and any goods made to your special requirements, it is your responsibility to
ensure that any information or specification you provide is accurate.
12. All services are subject to availability.
13. We can make changes to the services which are necessary to comply with any applicable law or
safety requirement. We will notify you of these changes.

Customer Responsibilities

14. You must co-­‐operate with us in all matters relating to the services, provide us and our authorised
employees and representatives with access to any premises under your control as required, provide
us with all information required to perform the services and obtain any necessary licenses and
consents (unless otherwise agreed).
15. Failure to comply with the above is a customer default which entitles us to suspend performance of
the services until you remedy it or if you fail to remedy it following our request, we can terminate
the contract with immediate effect on written notice to you.

Basis of Sale

16. The description of the services and any goods in our website, catalogues, brochures or other form of
advertisement does not constitute a contractual offer to sell the services or goods.
17. When an order has been made, we can reject it for any reason, although we will try to tell you the
reason without delay.
18. A contract will be formed for the services ordered, only upon the supplier sending an email to the
customer saying that the order has been accepted or, if earlier, the supplier’s delivery of the services
to the customer.
19. Any quotation or estimate of fees (as defined below) is valid for a maximum of 30 days from its date,
unless we expressly withdraw it at an earlier time.
20. No variation of the contract, whether about description of the services, fees or otherwise, can be
made after it has been entered into unless the variation is agreed by the customer and the supplier
in writing.
21. We intend that these Terms and Conditions apply only to a contract entered into by you as a
consumer where we, the supplier and you the customer, enter the contract at any of the suppliers
business premises, and where the contract is not a contract (i) for which an offer was made by the
customer in the supplier’s and the customer’s simultaneous physical presence away from those
premises, or (ii) made immediately after the customer was personally and individually addressed in
the supplier’s and the customer’s simultaneous physical presence away from those premises. If this
is not the case, you must tell us, so that we can provide you with a different contract with terms that
are more appropriate to you and which might, in some way, be better for you, e.g. by giving
cancellation rights pursuant to consumer protection law. Business premises means immovable retail
premises where we carry on business on a permanent basis or, in the case of movable retail
premises, on a usual basis.

Fees and Payment

22. The fees (Fees) for the services, the price of any Goods (if not included in the fees) and any additional
delivery or other charges is that set out in our price list current at the date of the order or such other
price as we may agree in writing. Prices for services may be calculated on a fixed fee or on a standard
rate basis.
23. Fees and charges include VAT at the rate applicable at the time of order.
24. Payment for services must be made within 14 days of invoice. You must pay in cash or by submitting
your credit or debit card details with your order and we can take payment immediately or otherwise
before delivery of the services.

Delivery

25. We will deliver the Services, including any Goods, to the delivery location by the time or within the
agreed period, failing any agreement:
a. In the case of Services, within a reasonable time; and
b. In the case of Goods, without undue delay and, in any event, not more than 30 calendar days
from the day on which the Contract is entered into.
26. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you
can require us to reduce the Fees or charges by an appropriate amount (including the right to receive
a refund for anything already paid above the reduced amount). The amount of the reduction can,
where appropriate, be up to the full amount if the Fees or charges.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can
(in addition to any other remedies) treat the Contract at an end if:
a. We have refused to deliver the Goods, or if delivery on time is essential taking into account
all the relevant circumstances at the time the Contract was made, or you said to us before
the Contract was made that the delivery on time was essential; or
b. After we have failed to deliver on time, you have specified a later period which is
appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract to an end, we will (in addition to other remedies) promptly return all
payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from
cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this,
we will (in addition to other remedies) without delay return all payments made under the Contract
for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or
allow us to collect them from you and we will pay the costs of this.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would
materially impair the value of the Goods or the character of the unit) you cannot cancel or reject the
Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the
Isle of Man and Channel Islands. If, however, we accept an Order for delivery outside that area, you
may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine
and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the delivery
location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or customer collection.
You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a
step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any
right to use the Goods still owned by you, in which case you must return them or allow us to collect
them.

Withdrawal and Cancellation

37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change
your mind and without giving us a reason, and without incurring any liability.
38. You can cancel the Contract except for any Goods which are made to your special requirements by
telling us no later than 14 calendar days from the day the Contract was entered into. If you simply
wish to change your mind and without giving us a reason, and without liability, except in that case,
you must return to any of our business premises the Goods in undamaged condition at your own
expense. Then we must without delay refund to you the price for those Goods and Services which
have been paid for in advance, but we can retain any separate delivery charge. This does not affect
your rights when the reason for the cancellation is any defective Goods or Services.

Conformity and Guarantee

39. We have a legal duty to supply the Goods in conformity with the Contract and will not have
conformed if it does not meet the following obligation.
40. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the
Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable
for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in
the Contract; and
c. conform to their description.
41. It is not a failure to conform if the failure has its origin in your materials.
42. We will supply the Services with reasonable skill and care.
43. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by
the manufacturer of the Goods. Details of the guarantee, including the name and address of the
manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s
guarantee provided with the Goods. This guarantee will take effect at the time the Goods are
delivered and will not reduce your legal rights.
44. In relation to the services, anything we say or write to you, or anything someone else says or writes
to you on our behalf, about us or about the Services, is a term of the Contract (which we must
comply with) if you take it into account when deciding to enter this Contract, or when making any
decision about the Services after entering into this Contract. Anything you take into account is
subject to anything that qualified it and was said or written to you by us or on behalf of us on the
same occasion, and any change to it that has been expressly agreed between us (before entering this
Contract or later).

Duration, termination and suspension

45. The contract continues as long as it takes us to perform the Services.
46. Either you or we may terminate the Contract or suspend the Services at any time by a written notice
of termination or suspension to the other if that other:
a. Commits a serious breach, or series of breaches resulting in a serious breach, of the Contract
and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. Is subject to any step towards its bankruptcy or liquidation.
47. On termination of the Contract for any reason, any of our respective remaining rights and liabilities
will not be affected.

Privacy

48. Your privacy is critical to us. We respect your privacy and comply with the General Data Regulation
with regard to your personal information.
49. These Terms and Conditions should be read alongside, and are in addition to our policies, including
our privacy policy and cookies policy.
50. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data,
including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
51. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to
you.
52. Where you supply Personal Data to us, so we can provide Services and Goods to you, and we Process
that Personal Data in the course of providing the Services and Goods to you, we will comply with our
obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which
information is being collected;
b. we will only process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is
secure.
53. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer
at the following e-­‐mail address: hpsltd01@gmail.com .

Successors and our sub-­‐contractors

54. Either party can transfer the benefit of this Contract to someone else and will remain liable to the
other for its obligations under the Contract. The supplier will be liable for the acts of any sub-­‐
contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
55. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act
reasonably, and the party will not be liable for any failure which it could not reasonably avoid,
but this will not affect the Customers above rights relating to delivery and the right to cancel
below.

Excluding liability

56. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury
caused by negligence or breach of the Suppliers other legal obligations. Subject to this, we are not
liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract
was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not
be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly
or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

57. The Contract (including any non-­‐contractual matters) is governed by the law of England and Wales.
58. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the
customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland
respectively.
59. We try to avoid any dispute, so we deal with complaints as follows:
If a dispute occurs customers should contact us to find a solution. We will aim to respond with an
appropriate solution within 5 working days.
60. We aim to follow these codes of conduct, copies of which you can obtain as follows:
a. 18th Edition Electrical, available from – www.niceic.com .

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