1. These terms
1.1 What these terms cover
These are the terms and conditions on which we supply goods 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 we will provide goods 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.
1.3 Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer.
You are a consumer if:
- • You are an individual.
• You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you.
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Rentokil Initial UK Limited a company registered in England and Wales. Our company registration number is 301044 and our registered office is at Riverbank, Meadows Business Park, Camberley, Surrey, GU17 9AB, UK.
2.2 How to contact us. You can contact us by telephoning our customer service team at (0800 028 6810] or Email : [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 or postal address you have provided to us.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the goods.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to any order you have placed with us 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 goods, the timing of supply 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.
6. Our rights to make changes
6.1 Changes to the goods.
We may change the goods if the supplier has made any changes to them.
7. Providing the goods
7.1 Delivery costs.
The cost of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you.
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed 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 goods you have paid for but not received.
7.4 If you are not in when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
7.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. We will provide a refund when the goods are returned to us unopened and unused.
7.6 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us.
7.7 When you own goods. You own goods once we have received payment in full.
7.8 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
(a) to deal with technical problems or make minor technical changes;
(b) to update the goods to reflect changes in relevant laws and regulatory requirements;
(c) or where the goods are no longer available.
7.9 Your rights if we suspend the supply of goods.
We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. If we have to suspend the supply of the goods for longer than four weeks you may contact us to end the contract for goods where we suspend it, or tell you we are going to suspend it, in each case for a period of more than four weeks and we will refund any sums you have paid in advance for the goods.
8. Your rights to end the contract
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we 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 goods which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the goods (see clause 6.1);
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of:
(a) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and:
(b) any goods which become mixed inseparably with other items after their delivery. 8.5 How long do consumers have to change their minds? You have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing the following:
Phone or email. Call customer services on [0800 026 6810] or 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 Returning goods after ending the contract.
If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Please call customer services on [0800 028 6810] or email us at [[email protected]] for a return label or to arrange collection.
If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the goods, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection.
If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. We charge 15% of the cost of the goods to be collected.
9.5 How we will refund you.
If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.7 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a goods to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may withdraw the goods.
We may write to you to let you know that we are going to stop providing the goods. We will let you know as soon as possible of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
11. If there is a problem with the goods
How to tell us about problems.
If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at [0800 028 6810] or email us at [[email protected]].
12. Your rights in respect of defective goods if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. This means that the goods must
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
Nothing in these terms will affect your legal rights.
12.2 We will refund the cost of the goods in full and the return costs where:-
(a) You received an incorrect item;
(b) You received a damaged item;
(c) You received a defective item;
(d) You received an item that does not match its description
Provided (a) you notify us of the problem within 30 days of receipt of the goods; and (b) the goods are returned to us in the same condition in which you received them within 14 days after such notification.
12.3 Your obligation to return rejected goods.
If you wish to exercise your legal rights to reject goods you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on [0800 028 6810] or email us at [[email protected]] for a return label or to arrange collection.
13. Your rights in respect of defective goods if you are a business
13.1 On delivery the goods must:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) [be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within 14 days of delivery that the goods do not comply with clause 13.1;
(b) we are given a reasonable opportunity of examining such goods; and
(c) you return such goods to us at our cost,
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
13.3 We will not be liable for any goods failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such goods after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the goods or (if there are none) good trade practice;
(c) you alter or repair the goods; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a goods' failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement goods supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price for the goods.
The price of the goods (which 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 goods advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the goods you order.
14.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods' correct price at your order date is less than our stated price at your order date, we will charge the lower amount.
If the goods’ 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
14.4 Our right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.5 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 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.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 12.1; and for defective goods under the Consumer Protection Act 1987
15.3 We are not liable for business losses.
If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective goods under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £1,000 and three hundred per cent (300%) of the total sums paid by you for goods under such contract.
17. How we may use your personal information
17.1 How we will use your personal information.
18. Other important terms
18.1 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.
18.2 You need our 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.
18.3 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.
18.4 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.
18.5 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 and it will not 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 goods, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal.
Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule 1 Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To Rentokil Initial UK Limited [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.