Terms of service.
Please read all of the terms and conditions.
You must read all of the following terms and conditions to make sure that they contain everything that you expect and nothing that you do not agree with. If you are unsure about anything please phone us on 01754 811777.
Application
1. These terms and conditions will apply to the purchase of the service by you.
2. We are The Moss Man Ltd, a company registered in England and Wales under number 10425421, whose registered office is at Barkwood Lodge, Station Road, Burgh le Marsh, Lincolnshire, PE24 5EW.
3. These are the terms and conditions by which we sell all services to you, by ordering any of our services you agree to be bound by these term and conditions.
Our Contract with You
4. How we will accept your order. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us.
5. If we are unable to accept your order, we will inform you of this and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service or because we are unable to meet a delivery deadline you have specified.
Our Service
6. Our services will be as detailed in our leaflet and materials. However, you acknowledge and agree that because the service involves natural processes that the duration of and end result of the service will be subject to variation (including due to paving conditions and weather).
Providing the Service to You
7. We will endeavour to begin the service on the date agreed with you during the order process however time of performance shall not be of the essence unless we specifically agree in writing in advance. The estimated completion date for the services is as told to you during the order process.
8. We are not responsible for delays outside our control. If our supply of the services 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.
9. If you do not allow us or our suppliers access to your property to perform the services 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.
10. Before we begin the services, please ensure that there is sufficient access to all driveways/roofs and the available space is suitable for us to transport products, equipment and machinery to all areas. Please move fragile objects which could be damaged during cleaning, such as lights, pots, ornaments and furniture or other obstacles. We will not be liable for any damage caused to the property.
Your Rights to End the Contract
11. For retreatments you have a right to end the contract for any reason up to 14 days before the 1st of the month of your next treatment.
12. You may not end the contract once any part of the treatment process has begun, this includes the spraying off of weeds 14 days prior to your appointment.
How To End the Contract with Us
13. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call us on 01754 811777 or email us at the email address daniel@themossman.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address. Or simply write to us at Barkwood Lodge, Station Road, Burgh le Marsh, PE24 5EW including details of what you bought, when you ordered or received it and your name and address.
Our Rights to End the Contract
14. We may end the contract if you break it. We may end the contract for a service at any time by writing/phoning/emailing you if: (a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; (b) you do not, within a reasonable time, allow us access to your premises to supply the services.
Payment
15. You will find the amount payable on the invoice provided and have 7 days from when the invoice is received to pay it.
16. You may pay via cash/cheque on the day or arrange for it to be dropped off collected within the 7 days period.
17. If you do not pay by cash/cheque on the day or agree alternative arrangements, you must pay via BACS within 7 days of the invoice being received. The details are provided on the invoice.
18. There will be a £5 per week charge for every day the payment is late over a 30 day limit.
Retreatments
19. By opting into our retreatment process you are signing a rolling contract that can only be ended as per the instructions in section 13.
20. If you chose to not go ahead with the retreatments the contract is ended and the next treatment will be at full price, not the agreed retreatment price. We will notify you of this.
21. We aim to complete all retreatments on time, however there are factors outside of our control such as the weather that may not make this possible. We give a 2 week window for the next appointment date. You may not cancel in this 2 week window.
22. The process is influenced natural variations so we can not be held accountable for new weeds and moss growing after treatment as it depends on the blocks/location of the driveway/roof.
How We Use Your Personal Information
23. We will use the personal information you provide to us: (a) to supply the services to you; (b) to process your payment for the services; and (c) if you agreed to this during the order process, to give you information about similar products or services that we provide, but you may stop receiving this at any time by contacting us.
Other Important Terms
24. 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.
25. 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.
26. 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 services, we can still require you to make the payment at a later date.
27. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.