Mint Decor

Terms and Conditions

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply services to you (services under these terms may include the provision of goods in relation to the services).

1.2 Why you should read them. Please read these terms carefully before you accept our quote or estimate. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. Our legal identify is Mint Decor.

2.2 How to contact us. You can contact us by post to 4 Markville Gardens, Caterham, CR3 6RJ, United Kingdom or by telephone on 07900223920. This includes if there are any problems with our services.

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 address or email address you have provided to us.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes e-mails.

3. OUR CONTRACT WITH YOU

3.1 Estimates. Where we provide an estimate this is not a guarantee of a price and will be based on information you provide, our estimates for material cost and our guideline rates for time (where applicable). The cost may vary as your requirements are finalised which may be an ongoing process as the contract is performed. You will be kept informed of costs and either directly notified prior to changes of cost or made aware of how our prices are determined (such as hourly or day rates) and the time we have spend.
3.2 Quotes. Where we provide a quote this is a fixed price for the services as specified on the quote based on based the on information you provide in the circumstances which we reasonably expect for the performance of the services. Once a contract is formed the price will only change if you request extra work, the nature and/or scope of work is different from what was originally agreed or what we reasonably expected or as otherwise set out in these terms and conditions.
3.4 Time Period. A quote or estimate provided will be honoured by us where reasonably possible for 30 days. After this time we may revise our prices without any remaining obligation or notice to you.
3.5 Contract Formation. An quote or estimate forms an invitation for you to enter into a contract with us on these terms and if you communicate that you wish to accept our estimate or quote and for us to proceed with the works this forms a binding legal offer by you to us to carry out works on the basis of our quote or estimate. Our acceptance of your offer will take place when we have both received the deposit from you and we have confirmed that we are able to provide you with the services in accordance with your offer and our quote or estimate at which point a contract will come into existence between you and us.
3.6 If we cannot accept work. If we are unable to accept work or continue with work after making a quote or estimate with which you wish to proceed, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, workforce illness or unavailability, fluctuations in the price or availability of materials or because we have identified an error in the price or description of the services.

4. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the services specified on the quote or estimate please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5. OUR RIGHTS TO MAKE CHANGES

5.1 Minor changes to the services. We may change the services: (a) to reflect changes in relevant laws and regulatory requirements (b) to reflect change in the availability of any products, colours, materials or other equipment in relation to which the quote or estimate we provided to you was based. Where such changes are minor or do not significantly affect the outcome of the services we do not need to consult with you in advance.
5.2 Price Fluctuation. In addition, where the price of goods and/or equipment on which we based the quote or estimate we provided to you materially changes we may make changes to the price specified on the quote or estimate, but if we do so we will notify you and you may then contact us to end the contract and receive a proportionate refund for any sums paid in relation to services not performed or where paid in relation to goods or equipment which we have not yet purchased.

5.3 Unforeseen Circumstances. We have the right to charge additional amounts for any extra work that was unforeseen and not included in the original estimate. We will inform you of any extra costs at the earliest opportunity, and the full cost will be submitted in writing. Where we have not advised you in advance charges will be based on information about our charging basis previous supplied or otherwise be proportionate to the other contractual work accepted of neither of the foregoing are applicable a fair and reasonable price for the work. This will be payable on completion of the work or if the work is not completed within a reasonable time.

5.4 Interactions with other trades. Where any work undertaken by other trades has affected our services, you will need to pay an additional amount for any additional work required from us (including work to rectify damage caused by third parties). We are under no obligation to perform this work. Mint Decor

6. PROVIDING THE SERVICES

6.1 When we will provide the services. We will supply the services to you within a reasonable time or your order or (where applicable) within a reasonable time of any estimated or target date provided to you.

6.2 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not 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.

6.3 If you do not allow us access to provide services. If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 7.3 will apply

6.4 Contact. We shall only be obligated to contact the instructing party directly. However, if we act on the instructions of a person (such as a cohabitant or family member) who we reasonably assume has authority to vary or order additional works or who you have expressly authorised us to liaise with our the works then you shall be liable for any additional services we provide at such a person’s request.
6.5 Working Conditions. You are responsible for providing a safe working environment and ensuring that it is suitably prepared for the services we are providing (this may include for example removing radiators from walls which shall be at your expense). Working areas should be left clean, tidy and as clear as possible prior to our arrival. All fragile objects, personal possessions, valuables and furniture should be removed from working areas before our arrival, or otherwise moved into the middle of rooms and/or as far as possible from working areas. Where objects cannot be moved and damage to the same would be reasonable anticipated it is your responsibility to cover and protect the same (subject to any protective measures we agree to take on your behalf). Please advise us in advance if any heavy object needs to be moved by us (we may decline to do so at our absolute discretion). Any object or fitting that is not or cannot be removed will not be our responsibility. Any new or replacement fittings installed by us will be at extra cost. We will not be held liable for any damage to or loss of items not removed from the work area. In circumstances where we make use of steam, sprays heat or similar techniques it is your responsibility to ensure that any possessions which may be damages by these are removing from the area.

6.6 What will happen if you do not provide required information to us. We may need certain information from you so that we can provide the services to you. If we need further information following a quote or estimate or during the course of our services we will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or if any information you provide us with is incomplete or incorrect information, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing 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.

6.7 What will happen if you do not provide required materials for us. Where it has been agreed that you will provide materials or equipment and you do not provide the same by the dates we require it for the services or where what is provided is not in our opinion of reasonable quality we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work or goods that are required as a result.

6.8 Remedial Works. Where remedial works are required for which we are not at fault then we shall not be obligated to carry out such works and any works carried out by us shall be at additional cost to you.

6.9 Suspension of services We may have to suspend the services to: (a) ensure we have adequate and sufficient supplies of materials; (b) make changes to the services as requested by you or notified by us to you (see clause 5). (c) If we acting reasonably believe that the working environment is not safe for the workers providing services including but not limited to physical hazards, unsatisfactory working conditions, harassment, physical or verbal abuse from any party

6.10 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for services not provided to you.

6.11 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of our services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the services where you reasonably dispute the unpaid invoice (see clause 10.6). As well as suspending the services we can also charge you interest on your overdue payments (see clause 10.5).

7. YOUR RIGHTS TO END THE CONTRACT

7.1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.

7.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you proportionately to the work done for any goods and/or services for which you have paid and which have not been provided. The relevant reasons are: (a) we have told you about an upcoming material change to the services or these terms which you do not agree to (see clause 5.2); (b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed; (c) there is a risk the services may be significantly delayed because of events outside our control; (d) we suspend the services, or notify you are going to suspend, in each case for a period of more than 10 working days; or Mint Decor (e) you have a legal right to end the contract because of something we have done wrong.

7.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract in addition to any other sums payable and you agree that reasonable compensation shall not be less than the amount of the deposit paid.

7.4 Cancellation. In certain circumstances you may have the right to cancel the contract. Cancellation must be received in writing to the address specified above. If works have commenced or more than 14 days after the contract is formed then any sums paid in respect of the deposit shall be retained by us to cover our reasonable expenses and loss of business caused to the fullest extent permitted by law. Even where we are not entitled to retain the deposit we may charge reasonable costs where permitted by law.

8. OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract if you break it. We may end the contract at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (b) 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, (c) you do not, within a reasonable time, give us access to your property to enable us to provide the services to you; or

8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause

8.3 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

8.4 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.

9. IF THERE IS A PROBLEM WITH THE SERVICES

9.1 Snagging. Any snagging items must be identified within a reasonable time (either on a completion inspection with us or if this does not occur not more than 24 hours following completion unless otherwise agreed or a longer period is reasonably required in the circumstances). Any snagging must be clearly and obviously defective to a reasonable observer under normal lighting. You must provide us with the first opportunity to remedy defects within a reasonable time not to be less than 30 days before you instruct any third party. If you instruct a third party in breach of this term then we shall not be liable for their costs and you shall remain liable for the full amount of the monies due to us.
9.2 Summary of your legal rights. 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 http://www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says: you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can not fix it. if you have not agreed a price upfront, what you are asked to pay must be reasonable. if you have not agreed a time upfront, it must be carried out within a reasonable time.

10. PRICE AND PAYMENT

10.1 Where to find the price for the services. The price of the services (which excludes VAT unless otherwise stated) will be the price set out in the quote or estimate we have provided unless we have agreed another price in writing. We take reasonable care to ensure that the prices of services advised to you are correct. However please see clause

10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect

10.3 for what happens if we discover an error in the price of the services you order.

10.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we provide may be incorrectly priced. If the price of any relevant goods or other materials for our work incorrect we will contact you for your instructions before we confirm the services. If a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid for services not performed and not perform the services and (where permitted by law) change you a fair price for work done.

10.5 When you must pay and how you must pay. You must make an advance payment of one third of the price of the services, before we start providing them. A further instalment may be requested at a later stage which will not exceed the proportion of work completed (including the initial payment). We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 7 calendar days after the date of the invoice. We accept payment with cash, cheque or BACS bank transfer.

10.6 We can charge interest and costs if you pay late. If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time together with the costs of recovery as allowed by law and under any applicable late payment legislation and any fixed amounts of compensation permitted by the same. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. You must also pay our legal costs of pursuing any unpaid amount.

10.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and if such a concern is Mint Decor reasonable and not vexatious we will not charge you interest from the time when we receive your concern until we have resolved the issue.
10.8 Guarantees, Certificates and Warranties. We are under no obligation to provide any guarantee, certificate, warranty or similar paperwork in relation to works for which we have not been paid in full including any applicable interest and costs.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so to a reasonable standard (not to be better than the standard of the property before we commenced service provision). However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

11.3 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1 How we will use your personal information. We will use the personal information you provide to us to: (a) provide the services; (b) process your payment for such services; and (c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
12.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do. 12.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.

13. Other important terms

13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract If you are unhappy with the transfer you may contact us to end the contract within 5 working days of us telling you about it and we will refund you any payments you have made in advance for services not provided.

13.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms

13.3 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.

13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we 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 or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

13.5 Business Customers. If you are a business then these terms shall prevail over any purchase order terms or other terms which you attempt to incorporate into our contract and these terms and details specified on the quote or estimate shall form the entire agreement between us.

13.6 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.

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