TERMS AND CONDITIONS
Who We Are.
We are We Can Clear It, a limited company registered in England under 12260840, whose registered address is 27 Old Gloucester Street, London, WC1N 3AX.
How To Contact Us.
You can contact Our Customer Care Team by:
How We Will Contact You.
If We have to contact you We will do so by telephone, in writing to the email or postal address provided in your Booking, or by text message to the mobile number provided in your Booking.
Our Man & Van Service Terms and Conditions
1. BASIS OF SALE
1. These Terms and Conditions set out the whole agreement between you and us for the supply of our MAN & VAN RUBBISH CLEARANCE SERVICE, to the exclusion of all other terms and conditions.
2. If we provide a quote for clearance then a contract shall be created between us on your acceptance of our quote, whether by telephone, email or online. We reserve the right to vary our quoted price if at the time of the clearance the information you provided to us at the time of quotation was incomplete or inaccurate.
2. PROVISION OF SERVICES
1. Unless prevented by a Force Majeure Event, we will provide our service with reasonable care and skill.
2. We will endeavour to undertake the clearance on the date and at any time agreed but there may be delays due to circumstances beyond our control. In this case, we will inform you and, if necessary, arrange a revised date as soon as reasonably possible. Where we provide you with an estimated time of arrival this should not be construed as offering any form of guarantee as to the time upon which we will attend to perform the clearance.
3. You agree to provide our clearance crews with free and safe access to the premises from where the rubbish is to be removed. You shall notify us of any special circumstances which may be relevant to our quotation, including any access issues, if any items are large or heavy, if the clearance would necessitate working at height, if the rubbish is secured, if there is likely to be a dispute as to whether the rubbish can be cleared, or if we are unable to park free of charge. If you do not notify us of such special circumstances, or provide us with incomplete or inaccurate information or instructions, we may either make an additional charge to cover any extra work or costs that are required or, if we are unable to undertake the clearance, charge a Wasted Journey Fee in accordance with section 4, clause 2 below.
4. You confirm that you have the full authority for us to collect and dispose of the rubbish. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of you not having the authority for us to clear the rubbish.
5. If we detect or suspect there may be any asbestos or other hazardous or dangerous substances or materials on site, we may vacate the premises, and will not be responsible for further clearance and disposal. In such event, you shall still be fully liable to pay for our attendance and for any waste already removed. If we need to appoint an expert to remove such materials already loaded onto our vans, we reserve the right to charge you, if at the time of removal, we were unaware of any asbestos or other hazardous or dangerous substances or materials contained in any items or materials removed.
6. Any sharp or dangerous objects like knives and broken glass should be separately stored in an appropriate container by you before we arrive for the clearance. Under no circumstances should sharp objects be stored in bags. This requirement is for the safety of our clearance crews.
3. PRICE AND PAYMENT
1. All prices are subject to VAT.
2. Payment must be made before or at the time of the clearance unless a later payment date has been agreed in advance in writing. In the event payment is not made, any waste collected may be returned to the producer.
3. We reserve the right to vary our quoted or estimated price, if at the time of collection, the information you provided to us at the time of ordering was incomplete, inaccurate or the waste amount was understated We reserve the right to vary any price if, during the process of the collection, new information regarding the nature of the waste becomes apparent whether or not this could have been ascertained at the start of the process. Any cost provided in advance of the collection will normally be an estimate only.
4. Customers will be made aware of any additional charges arising from point 3.3 above by the crew attending the collection, or by the helpdesk staff on the day, via telephone, email or SMS.
5. Additional charges arising from point 3.3 will be deducted from the card the customer originally booked with, after the customer authorises the additional cost. (We do not store customers card details, but they are kept by our payment processor in an encrypted format)
4. CANCELLATIONS, WASTED JOURNEYS AND CHARGES
1. If you are contracting as a “consumer”, in accordance with the Consumer Contracts (Information’s, Cancellation and Additional Charges) Regulations 2013, you may cancel your clearance at any time within 14 days of booking provided we have not started to provide the service. To exercise the statutory right of cancellation, you must provide us with written notice.
2. If having arrived at site, we are unable to complete the clearance because of an act or omission by you (e.g. we cannot gain access to the waste; the customer understates the amount of waste; or you cancel the service despite the collection size being the same as booked), we will refund you all monies paid less a wasted journey charge of £24 (£20 + VAT) (‘Wasted Journey Fee’) towards our administrative expenses, fuel and labour spent in attending site.
3. If you wish to postpone or cancel your order, please notify us 24 hours before the day of collection, by calling and sending an email to confirm the cancellation in writing, during business hours. Failure to inform us 24 hours may lead to additional charges. Please note that our standard terms and conditions apply and any cancellation requests received after the crew has left the yard will incur costs. We Can Clear It shall refund those amounts to you less any card processing fees reasonably incurred.
4. If we are unable to remove any items from the premises because, for example, they are too large to fit through the doorways, we may agree (at our discretion) to try and dismantle the item e.g. remove legs from tables, in order to try and get the item to fit through the doorway. If we are still unable to remove the item from the premises, we shall not be responsible for the reassembly of such an item.
5. Our basic rates include an amount of time (according to the size of the collection) for the collection crew to undertake your clearance once on site. This time allowance is referred to as a Labour Allowance. Where a clearance takes longer than the Labour Allowance, an additional charge for labour may be applied.
5. LIMITATION OF LIABILITY
1. This clause does not exclude or limit in any way our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
2. Subject to para 5(1), we shall not be liable to you, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract. Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort, breach of statutory duty, or otherwise, shall not exceed the price of our services under the contract in question.
3. We cannot guarantee no damage to property will occur during the clearance. You should inspect the working area once our clearance is complete and notify the clearance crew of any damage before they leave the site. Any such damage must also be notified in writing to We Can Clear It within 7 days of completion of the site clearance. We will not accept liability for any damage that is not notified to us within this time.
6. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (d) impossibility of the use of public or private telecommunications networks.
3. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
1. We may terminate the arrangement between us at any time. Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms
1. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
1. All notices sent by you to us must be sent to us at 27 Old Gloucester Street, London, WC1N 3AX. or email to firstname.lastname@example.org We may give notice to you at either the email or postal address you provide to us at the time of booking. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
10. DATA PROTECTION
1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
3. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
4. These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts