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14. Confidentiality
14.1. The Customer will regard as confidential the Contract and will not use or disclose to any third party the terms of the Contract without the Company's prior written consent, provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Customer's default.
14.2. The Customer will not use, or permit the use of, any name, trademark, emblem, or symbol which the Company owns or is licensed to use upon any premises, advertisement, note paper or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Company.
14.3. The Customer will use its reasonable endeavours to ensure compliance with this Condition 14 by its employees, servants, and agents.
14.4. The provisions of this Condition 14 shall survive the termination of the Contract.
15. Cancellation of Contract During the Cooling Off Period
15.1. Where the Contract is not made "on Our premises", You have a statutory right to a "cooling off" period. This period begins once the contract between You and Us is formed and ends:
15.1.1 in relation to any Goods supplied, at the end of 14 calendar days after the date on which the Goods are delivered. If the Goods are delivered in instalments, the 14 calendar day period begins on the day that you receive the final instalment; and
15.1.2 in relation to the Services, at the end of 14 calendar days after the date on which the Contract is formed.
15.2. If You wish to cancel the Contract within the cooling off period, You should inform Us immediately by a clear statement (e.g. a letter sent by post or email to the postal address, or email address specified in these terms and conditions).
15.3. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
15.4. If You exercise this right to cancel, You will receive a full refund of any amount paid to the Us in respect of the contract (including, but not limited to, any deposit, where applicable).
15.5. We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
15.6. We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 calendar days after the day on which We are informed of the cancellation.
15.7. If You exercise the right to cancel in relation to Goods:
15.7.1 We will issue a refund within 14 calendar days after We receive the relevant Goods (and will include standard delivery charges if You send the Goods to Us)
15.7.2 You must return the Goods to Us within 14 calendar days of the day on which You inform Us that You wish to cancel and return them;
15.7.3 We may make a deduction from the refund for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by You;
15.7.4 Please also note that Goods that become inseparably mixed with others cannot be returned.
15.8. If the delivery date falls within the cooling off period, You must make an express request for provision of the Goods and Services to begin within the 14 calendar day cooling off period. By making such a request You acknowledge and agree to the following:
15.8.1 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;
15.8.2 If You cancel the Contract after provision of the Services has begun You will be required to pay for the Services and any Goods that cannot be returned to Us supplied up until the point at which You inform Us of Your wish to cancel;
15.8.3 The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services will be refunded, subject to deductions calculated on this basis;
15.8.4 We will process any refund within 14 calendar days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
16. Cancellation Outside of the Cooling Off Period
16.1. In addition to Your right to cancel set out in Clause 15 relating to the statutory cooling off period, We grant You an additional right to cancel in the event that You do not wish to proceed with the Contract which can be exercised at any time up to 2 hours prior to delivery of the Goods provided always that such cancellation is communicated to us clearly and effectively either verbally or in writing via email or text/whatsapp and We confirm cancellation back to You.
16.2. Any purported cancellation within the 2-hour pre-delivery timeframe will obligate You to pay the Cancellation Fee referenced at Clause 8.6.
17. Communications
17.1. All formal notices under these Conditions and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
17.2. Notices shall be deemed to have been duly given:
17.2.1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
17.2.2. on the second business day following mailing, if mailed by national ordinary mail, postage prepaid; or
17.2.3. on the seventh business day following mailing, if mailed by airmail, postage prepaid.
17.3. All notices under the Contract shall be addressed to the most recent address notified to the other party.
18. Force majeure
18.1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, mechanical failure, internet service provider
failure, industrial action, civil unrest, fire, abnormal weather conditions, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
19. Complaints and Feedback
19.1. We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
19.2. All complaints are handled in accordance with Our complaints handling policy and procedure, available on request from readycrete@hotmail.com
19.3. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
19.3.1 In writing, addressed to the Company at the address shown at Clause 2.4;
19.3.2 By email, addressed to readycrete@hotmail.com;
19.3.3 By telephone on 07871414791.
20. Waiver
20.1. The parties agree that no failure by either party to enforce the performance of any provision in these Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
21. Severance
21.1. The parties agree that, in the event that one or more of the provisions of these Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, the provision in question shall be deemed severed from the remainder of these Conditions (and, by extension, the Contract). The remainder of these Conditions and the Contract shall be valid and enforceable.
22. Assignment
22.1. The Company may assign the Contract or any part of it to any person, firm, or company without the prior consent of the Customer.
22.2. Unless otherwise provided for in the Contract, the Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
23. Third party rights
23.1. Save where otherwise stated in these Conditions, the parties agree that a person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999. The Contract 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 Agreement.
24. Data Protection
24.1 The Company only uses personal data as set out in our Privacy and Data Protection Notice available at https://www.readycrete.co.uk.
25. Disputes
25.1. In the event of any dispute arising between the parties, the matter will be referred to a director of the Company and the Customer who shall endeavour to resolve the dispute in good faith within 28 calendar days of one party having given notice to the other party that a dispute has arisen.
25.2. Any dispute which cannot be resolved in accordance with Condition 25.1 shall be submitted to mediation pursuant to the mediation rules of the ADR Group (www.adrgroup.co.uk).
25.3. In the case of the non-payment by the Customer of any part of the price of the Goods (including VAT), the Company may elect at its discretion to take appropriate recovery action without first raising the matter as a dispute.
26. Law and jurisdiction
26.1 These 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.
26.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 26.1 above takes away or reduces your rights as a consumer to rely on those provisions.
26.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, 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.