FixBox Terms and Conditions

FixBox TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of electrical & other services by FixBox (“the Trader”) to customers who require electrical & other services to be provided at their home.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, [text message,] fax or other means.
• Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
• Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
• Each reference to a Schedule is a reference to a schedule these Terms and Conditions.
• The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
• Words signifying the singular number will include the plural and vice versa.
• References to any gender will include the other gender.
• References to persons, unless the context otherwise requires, include corporations.

2. Information about Us
   • We are a Private Limited Company.
   • [We trade under the name FixBox.]
   • [We are registered in the United Kingdom under number ]
   • [Our registered office is at 147 Foster way, Sheffield, S35 4GE.]
   • [Our main trading address is 147 Foster way, Sheffield, S35 4GE.]
   • [We are not currently VAT registered.]
   • We are registered with a recognised and authorised self-certification scheme. We will ensure that any sub-contractors We use are also registered in this way.
   • [We are regulated by NAPIT
   • ][We are a member of NAPIT
3. Communication and Contact Details
   • If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07305383710 or by email at help@fixbox.co.uk.
   • In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
     • contact Us by email at help@fixbox.co.uk; or
     • contact Us by pre-paid post at Fixbox, 147 Foster way, Sheffield, S35 4GE.

4. Orders
   • We accept orders for Services through use of our website fixbox.co.uk and by telephone or in person.
   • When placing an Order You should set out, in detail, the Services required. Details required include the location and size of the Property, the number and type of rooms in which work is required and the type(s) of work required (e.g. wiring, installation of appliances etc.). ][We will provide You with an order form containing prompts for all required information.] [All such details are set out in the Agreement.]
   • Once the Order is complete and submitted We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the required Deposit or Pre-Payment (see Clauses 5 and 6).
   • You may make changes to the Order and Quotation before accepting it. You may accept the Quotation by telephone, email or first class post.

5. Pre-Payment
   • At the time of accepting the Quotation You must pay Us the Pre-Payment in full. We will not confirm an Order until the Pre-Payment is paid in full.
   • The Pre-Payment is non-refundable except as set out in Clauses 12, 13 and 14.[This request forms a normal part of the ordering process.]  By making such a request You acknowledge and agree to the following:
     • If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
     • If You cancel the Agreement after provision of the Electrical Services has begun You will be required to pay for the Electrical Services supplied up until the point at which You inform Us of Your wish to cancel;
     • The amount due will be calculated in proportion to the full price of the Electrical Services and the actual Electrical Services already provided. Any sums that have already been paid for the Electrical Services will be refunded subject to deductions calculated on this basis; 
     • We will process any refund within 48 hours and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
   • Clauses 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

    

   13. Cancellation Before the Start Date
       • In addition to Your rights in Clause 12 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time upto 24 hours before the Start Date as follows:
         • If You cancel the Job more than 24 hours before the Start Date We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
         • If You cancel the Job less than 24 hours before the Start Date We will retain from a £12 admin fee deducted from your refund to cover any net financial loss that We suffer due to the cancellation. We will refund the remaining balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of If Our net financial loss is more than the amount of the Deposit, We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
       • We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of
   14. Termination
       • You may terminate the Agreement with immediate effect by giving Us written notice if:
         • We have breached the Agreement in any material way and have failed to remedy that breach within 7 days of You asking Us in writing to do so;
         • We enter into liquidation or have an administrator or receiver appointed over Our assets;
         • You and We have been unable to agree a revised Start Date under Clause 11.1 or You elect to terminate the Agreement under Clause 11.2;
         • We are unable to provide the Electrical Services due to an event outside of Our control (see Clause 16).
       • We may terminate the Agreement with immediate effect by giving You written notice if:
         • You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);
         • You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or
         • You and We have been unable to agree a revised Start Date under Clause 11.1;
         • We have been unable to provide the Electrical Services for more than 6 weeks due to an event outside of Our control (see Clause 16).
       • For the purposes of this Clause 14 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
       • If at the termination date:
         • You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
         • We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

    

   15. Effects of Termination
       • If the Agreement is terminated for any reason:
         • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
         • Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

    

   16. Events Outside of Our Control (Force Majeure)
       • We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
       • If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
         • We will inform You as soon as is reasonably possible;
         • Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
         • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Electrical Services as necessary;
         • You or We may terminate the Agreement (see Clause 14).

    

   17. Liability
       • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
       • We will maintain suitable and valid insurance including public liability insurance.
       • We provide Services for domestic, private and business/commercial However We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
       • If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Electrical Services.
       • Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the FixBox Employee) is limited to £2,000,000.
       • Our professional indemnity insurance is limited to £250,000.
       • We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the FixBox Employee.
       • Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
       • Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

    

   18. How We Use Your Personal Data (Data Protection)
       • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
       • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from https://fixbox.co.uk/pages/gdpr-policies.
   19. Other Important Terms
       • We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
       • We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
       • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
       • The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the
       • If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
       • No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

    

   20. Law and Jurisdiction
       • These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
       • As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
       • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
   
   

   SCHEDULE 1

    

   SERVICE AGREEMENT

    

   THIS AGREEMENT is made the day of your payment to FixBox ltd when you also checked the box to acknowledge “I have read and understood the terms and conditions” and accept the statements in this document as part of working with FixBox ltd.

    

   BETWEEN:

    

   (1)        FixBox [a company registered in United Kingdom under number 10456351 whose registered office is at  147 Foster way, Sheffield, S35 4GE (“the Trader”) and

    

   (2)        “You, “the customer” of “Customers address” (“the Customer”)

    

    

   BACKGROUND:

    

   (1)        The Trader provides electrical services to consumer clients and has reasonable skill, knowledge and expertise in that field.

    

   (2)        The Customer wishes to engage the Trader to provide the services specified below (“the Electrical & other Services”).

    

   (3)        The Trader agrees to provide the Electrical Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

    

    

   IT IS AGREED as follows:

    

   1. The Agreement
      • This Agreement incorporates the attached Terms and Conditions.
      • In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
      • A legally binding contract between You and Us will be created when You and We sign this Agreement.
      • We confirm and You acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):
        • The main characteristics of the Electrical Services;
        • Our identity and contact details;
        • The total price payable for the Electrical Services including taxes or, if the Price cannot be calculated in advance, the manner in which it will be calculated;
        • The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Electrical & other Services;
        • Our complaints handling policy;
        • The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
      • As required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
        • all of the information described in Clause 4; and
        • any other information which We give to You about the Electrical Services or about Us which You take into account when entering into this Agreement or when making any other decision about the Electrical Services
   1. will be part of the terms of Our contract with You as a Consumer.
   2. The Electrical Services
      • We will:
        • begin to provide the Electrical Services on the Start Date of your choosing and booking
        • aim to complete the Job within the booked time frame;
        • provide the Electrical Services during the Agreed Times of your(you the customers) choosing/booking or such other times as You and We may agree in writing;
        • provide the Electrical Services at the Property located at the address stated when checking out by the customer;
        • perform the Electrical Services in accordance with the specification referred to in Clause 2.2
      • The specification for the Electrical Services is as follows: Job as described on website or by customer after agreement and approval by FixBox
      • The Products we will supply are ][as follows: decided by the customer when checking out, any products required thereafter may be purchased by the customer
      • You and We may agree in writing to vary the specification from time to time.
        
        
   3. Fees and Payment
      • You will pay the sums as stated on the fixbox.co.uk website for the Electrical Services, we reserve the right to change these prices at any time. This sum may be broken down as follows:
        • Labour;
        • Products & Parts.
   4. Waiver of Cooling Off Period
      • By signing this Agreement You request Us to commence provision of the Electrical Services immediately and not to wait for the 14 day cooling off period referred to in Clause 12 of the Terms and Conditions to expire.
      • You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 12 of the Terms and Conditions.
      • You acknowledge that You will lose the right to cancel if the electrical services are fully performed within the 14 day cooling off period.

    

    

   SIGNED for and on behalf of the Trader by:

    

   <<Name and Title of person signing for the Trader>>

    

    

   __________________________________________________
   Authorised Signature

    

   Date: ____________

    

    

   SIGNED by the Customer:

    

   __________________________________________________
   Signature

    

   Date: ____________

   
   

   SCHEDULE 2

    

   MODEL CANCELLATION FORM

    

   To: FixBox, 147 Foster way, Sheffield, S35 4GE

   I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) cancel my/our (delete as appropriate) contract for Electrical Services dated <<   >>.

   Name of consumer(s): <<   >>

    

   Address of consumer(s): <<   >>

    

   Signature of consumer(s): <<   >>

    

   Date:

    

    

   ]