1.1 What these terms cover. These are the terms and conditions on which services will be supplied services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how services and related products will be provided to you, how the contract may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2.1 Who we are. We are HOMETAINMENT Limited, a company registered in England and Wales. Our company registration number is 12960583 and our registered office is at C/O Williams Stanley & Co, Newcombe House, 2nd Floor, 43 - 45 Notting Hill Gate, London, United Kingdom, W11 3LQ. Our registered VAT number is 362251812. Our office address is at 174 Westbourne Grove, Flat 2, W11 2RW London.
2.2 How to contact us. You can contact us by writing to us at [email protected].
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided us with in your order.
2.4 “Service” also includes products. In these terms and conditions, wherever we refer to a service we are also referring to any product, consumable or end result (“product”) that is produced or created by a service provider (or providers) who is engaged through our website (a “HOMEtainer”) to deliver a certain service.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How your order will be accepted. Acceptance of your order will take place when we email you to confirm that it is accepted. This is important as the HOMEtainer must confirm that they are available to fulfil the service that you have requested.
3.2 Your contract is with the HOMEtainer. Upon acceptance, a contract to provide the services you have ordered will come into existence between you and the HOMEtainer on the terms set out in your order and subject to any additional terms and conditions of the HOMEtainer that may apply as is specified in the relevant listing on our website.
3.3 We act as the agent of the HOMEtainer. We act as an agent of the HOMEtainers listed on our website and certain administrative functions have been delegated to us by the HOMEtainers which we carry out on their behalf, including but not limited to contract formation, payment collection, payment processing and marketing of the services. While we operate the website that connects users with HOMEtainers, we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any services to users. Except where we are expressly stated to be the providers of the service, HOMEtainers alone are responsible for their listings on our website and for providing the services and these have not been verified or approved by us. We do not guarantee or underwrite the truth, accuracy, legality, safety or suitability of any of the services provided by HOMEtainers.
3.4 If your order cannot be accepted. If your order cannot be accepted, we will inform you of this and you will not be charged your order. This might be because the HOMEtainer is unavailable on the day you have requested, the service you have ordered cannot be provided at the time requested, because some key component of the service is unavailable, because of unexpected limits on resources which could not reasonably be planned for, because we have identified an error in the price or description of the service or because the HOMEtainer is unable to meet a deadline you have specified.
3.5 We only operate within the UK. Our website is solely for the promotion of services within the UK. We do not operate outside of the UK.
3.6 Non-solicitation of HOMEtainers. You agree that you will not attempt to solicit the services of or contract directly with any HOMEtainer for a period of 24 months following the date that the service you ordered further to this contract was delivered. Within this 24 month period you agree to place any new orders for a HOMEtainer through our website or through us. The purpose of this clause is to protect our legitimate business interests.
4.1 Services are listed on our website. The services that are provided which you can order are listed on our website. You can click on each HOMETAINMENT experience listed on our website and review further details of each service. The scope of the services provided, the prices and what (if anything) you will need to provide are set out in each listing.
4.2 Products and services may vary slightly from their pictures. The images on our website of our services and the products that are delivered through the services are for illustrative purposes only. Anything which is created or provided by a HOMEtainer in delivering the services may vary in its presentation, flavour, quality or appearance.
4.3 We may suspend or withdraw our website. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give reasonable notice of any suspension or withdrawal.
If you wish to make a change to the service you have ordered please contact the HOMEtainer through HOMETAINMENT platform. We or the HOMEtainer will let you know if the change is possible. If the change is possible you will be informed of changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and you will be asked to confirm whether you wish to go ahead with the change
6.1 Minor changes to the services. A HOMEtainer may change the services:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to improve a product recipe, method of serving, a musician’s setlist, a new teaching method or similar. Where such a change is made it will be with the aim of improving the customer experience.
6.2 More significant changes to the services and these terms. In addition, as we informed you in the description of the service on our website, we may make changes to these terms or the service, but if we do so we will endeavour to notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
7.1 When we will provide the services. During the order process you may choose the date and time that the services will be provided to you. The HOMEtainer will begin the services on the date and the time agreed with you during the order process. The date and time for the services is as was set out on the order acceptance email or webpage.
7.2 We are not responsible for delays outside our control. If the supply of the services is delayed by an event outside the HOMEtainer’s control or our control (as applicable) including but not limited to the HOMEtainer falling ill or suffering a personal emergency then we and/or the HOMEtainer will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided this is done neither we nor the HOMEtainer will be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.3 If you do not allow the HOMEtainer access to provide the services. If you do not allow the HOMEtainer access to your property to perform the services as arranged (and you do not have a good reason for this) you may be charged additional costs incurred by as a result and you might not receive a refund. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and 10.2 will apply.
7.4 Your legal rights if services are delivered late or the HOMEtainer refuses to supply them. You have legal rights if any of the services are delivered late. If the deadline for any services is missed then you may treat the contract as at an end straight away if any of the following apply:
7.4.1 The HOMEtainer has refused to deliver the services; or
7.4.2 The delivery of the services on the agreed day was essential (taking into account all the relevant circumstances) and you told the HOMEtainer before the HOMEtainer accepted your order that delivery on the agreed day was essential.
7.5 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or you do not have the right to do so under 7.4, you can agree with a new day for the services to be performed upon, which must be reasonable, and you can treat the contract as at an end if we are not able to agree.
7.6 Ending the contract for late or refused delivery. If you do choose to treat the contract as at an end for late provision under 7.4, you can cancel your order for any of the services. After that you will be refunded any sums you have paid to us for the cancelled services.
7.7 What will happen if you do not provide the required information. We often need certain information from you so that the services can be supplied to you, for example, the address at which the services will be carried out and your contact details. We will contact you to ask for this information if you do not provide it at the time that you make your order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we or the HOMEtainer may end the contract (and 10.2 will apply) or make an additional charge of a reasonable sum to compensate for any extra work that is required as a result and you will not be refunded unless you can prove that there were extenuating circumstances affecting your failure to provide the required information. Neither we nor the HOMEtainer will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.8 Reasons the services may be suspended. The supply of a service may have to be suspended:
7.8.1 in order to deal with technical problems or make minor technical changes;
7.8.2 in order to update the services to reflect changes in relevant laws and regulatory requirements.
7.8.3 in order to make changes to the services as requested by you or as are notified to you (see 6); or
7.8.4 where the HOMEtainer or a key employee or contractor of the HOMEtainer falls ill or suffers a personal emergency.
7.9 Your rights if the supply of services is suspended. We or the HOMEtainer will contact you in advance to tell you that the supply of a service ordered by you is being suspended, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if it would adversely affect your order, and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
7.10 Supply of the services may be suspended if you do not pay. If you do not pay for the services when you are supposed to (see 12.4) and you still do not make payment within 24 hours of us reminding you that payment is due, supply of the services may be suspended until you have paid the outstanding amounts. We will contact you to tell you that the services are being suspended. We will not charge you for the services during the period for which they are suspended. As well as suspending the services interest may also be charged on your overdue payments at the rate of 2% over the Barclays Bank lending rate or 3%, whichever is higher. This also applies if you have asked for additional services or add-ons after you have placed your order.
7.11 Identity and DBS checks. We carry out certain verification checks on HOMEtainers prior to them being granted access to create listings on our website but do not carry out DBS checks. If you have any particular concerns in this regard (including, for instance, the need to carry out certain identity checks or a DBS check) then you should raise this with the HOMEtainer prior to entering into a contract with them. If you do not make this request prior to entering into your contract with the HOMEtainer and you subsequently refuse them HOMEtainer access to provide the services then clause 7.3 will apply.
8.1 When you can end your contract. Your rights to end the contract will depend on what you have paid for, whether there was anything wrong with the services, how they have been performed and when you decide to end the contract:
8.1.1 If a service was improperly performed or was misdescribed you may have a legal right to end the contract (or to have a service re-performed or to get some or all of your money back), see 11;
8.1.2 If you want to end the contract because of something we or the HOMEtainer has done or has told you is going to be done, see 8.2; or
8.1.3 If you want to end the contract pursuant to our cancellation policy, see clause 8.4
8.2 Ending the contract because of something we or the HOMEtainer have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see 6.2);
8.2.2 we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
8.2.3 there is a risk that the service may be significantly delayed because of events outside our or the HOMEtainer’s control;
8.2.4 supply of the service has been suspended for technical reasons, or we or the HOMEtainer notify you we are going to suspend them for technical reasons, and the suspension would impact upon your order; or
8.2.5 you have a legal right to end the contract because the HOMEtainer has breached the contract.
8.3 No right to change your mind. Contracts can only be agreed with HOMEtainers to provide services at an agreed date/time and location. You therefore do not have a right to change your mind under the Consumer Contracts Regulations 2013. Once the contract has been agreed with you, you have no right to cancel except as is set out elsewhere in clause 8.
8.4 Our cancellation policy. Our cancellation policy is in addition to your statutory rights. You may end the contract with us on the following terms:
a) If you communicate your cancellation to us no less than seven (7) days before the agreed start time of the services the contract will end immediately and you will receive a full refund of the price;
b) If you communicate your cancellation to us within the period between seven (7) days and 48 hours before the agreed start time of the services the contract will end immediately and you will be refunded 50% of the price; or
c) If you communicate your cancellation to us less than 48 hours before the agreed start time of the services the contract will end immediately and no refund will be given.
9.1 Tell us you want to end the contract. To end the contract with the HOMEtainer pursuant to clause 8 above, please email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 How we will refund you. We will refund you any refund due by the method you used for payment.
9.3 When your refund will be made. We will make any refunds due to you as soon as possible.
10.1 The HOMEtainer may end the contract (or we may end the contract on the behalf of the HOMEtainer) if you break it. We or the HOMEtainer may end the contract for a service at any time by writing to you if:
10.1.1 you do not make any payment when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, the address at which the services are to be performed;
10.1.3 you do not, within a reasonable time and pursuant to clause 7.3, allow the HOMEtainer access to your premises to supply the services.
10.2 You must pay compensation if you break the contract. If we end the contract on the HOMEtainer’s behalf or it is ended by the HOMEtainer in the situations set out in 10.1 we will refund any money you have paid in advance for services that have not been provided but we may deduct or charge you reasonable compensation for the net costs that were or will be incurred by us or the HOMEtainer as a result of your breaking the contract. If the contract is ended pursuant to clause 10.1(b) or 10.1(c) no refund will be paid to you.
10.3 The service may be withdrawn. We may write to you to let you know that a service you have ordered will be withdrawn. Where possible, we will let you know at least 7 days in advance of the supply of the service stopping and we will refund any sums you have paid in advance for services which will not be provided.
11.1 How to tell us about Dealing with problems. If you have any questions or complaints about the service, please contact the HOMEtainer. Your contract is with the HOMEtainer and all of your rights and remedies are against the HOMEtainer. If you have tried to contact the HOMEtainer but you have been are unable to reach them, or if you have not been able to resolve your dispute together then you can write to us at [email protected] and we will do our best to help you, but please note that as we are not a party to your contract we are limited in our scope to assist in resolving any disputes that may arise between you and the HOMEtainer. Should you decide to ask for our support, we need to receive your enquiry within 72 hours of the end of the delivery of the service for which you are contacting us.
11.2 Summary of your legal rights. The HOMEtainer is under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. When you order services, the Consumer Rights Act 2015 says:
a) You can ask for the service to be repeated or fixed if it's not carried out with reasonable care and skill, or get some money back if it cannot be fixed.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
12.1 Where to find the price for the service. The price of the service (which, if applicable, includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see 12.3 for what happens if we discover an error in the price of the service you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date that the service is supplied, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite best efforts, some of the services listed on our website may be incorrectly priced. Where possible, prices are normally checked before an order is accepted so that where the service's correct price at your order date is less than the stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express. You must pay for the service you order in advance at the time that you place your order.
12.5 What to do if you think an invoice is wrong. If you think an invoice is incorrect please contact us promptly to let us know.
13.1 The HOMEtainer is responsible to you for foreseeable loss and damage caused by them. If the HOMEtainer fails to comply with these terms, the HOMEtainer is responsible for loss or damage you suffer that is a foreseeable result of their breaking of this contract or their failing to use reasonable care and skill, but they are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example, if you raised it during the sales process. We are not responsible for the acts or omissions of any HOMEtainer.
13.2 Neither we nor the HOMEtainer exclude or limit in any way liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or the negligence of us or the HOMEtainer or its or our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at 11.2.
13.3 When the HOMEtainer is liable for damage to your property. If the HOMEtainer is providing services in your property, they will make good any non-trivial damage to your property caused while doing so. However, they are not responsible for the cost of repairing any pre-existing faults or damage to your property that are discovered while providing the services. We are not responsible or liable for any property damage caused by any HOMEtainer.
13.4 Neither we nor the HOMEtainer are liable for business losses. If you use the services for any commercial, business or re-sale purpose neither we nor the HOMEtainer will have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1 Account details are confidential. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
15.2 You must provide accurate details. When registering an account on our website you must provide accurate and current details and provide all of the information that is requested and you must keep your information up-to-date at all times.
15.3 We may disable your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms (including but not limited to a breach of clause 3.6) or if we have a reasonable cause to do so.
15.4 You must notify us if anyone else learns of your account details. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at [email protected].
16.1 You need consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the transfer means that the location that the services are to be delivered at changes and is considered by us or the HOMEtainer to be unsafe, unsuitable, or far away from the originally contracted location.
16.2 Nobody else has any rights under this contract. Your contract is between you and the HOMEtainer, but we may enforce the rights of the HOMEtainer on its behalf or where we have a right as a third party we may enforce this against you. No other person shall have any rights to enforce any of its terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we or the HOMEtainer delay in enforcing this contract, we or the HOMEtainer can still enforce it later. If we or the HOMEtainer do not insist immediately that you do anything you are required to do under these terms, or if there is a delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us or the HOMEtainer from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but the HOMEtainer continues to provide the services, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts