1. Our Contract
1.1 These Terms and Conditions govern the supply of services sold by The Waste Exchange Ltd (we and us) to the customer (you).
1.2 All orders placed by you and purchases of services from us (whether online, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us: (i) by delivery of the services to you; at which point a legally binding contract is constituted between you and us.
1.3 The processing of your payment and acknowledgment of your order (including sending you an text message or email confirming your order is being processed) does not constitute legal acceptance of your order.
2.1 On our mobile app, you may place an order to purchase a credit for services advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "get more credits” button on the checkout page.
2.2 All orders placed by you and purchases of services by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply services that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price payable for the services you order or purchase is as set out on our website or mobile app at the time you submit your order plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated. Subscription payments by direct debit are as set out on our website.
3.2 Prices are correct at time of going to press, and we reserve the right to update prices in future which will then supersede the prices currently in operation. We are not obliged to accept your order or purchase for such services and may decline it or limit the order quantity.
3.3 Occasionally, we advertise services at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
3.4 Occasionally, an error may occur and services may be either incorrectly priced or described in which case we will not be obliged to supply the services at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
3.5 We must receive payment for the whole of the price of the services you order and purchase, before your order can be processed unless we have agreed otherwise in advance in writing.
3.6 For website orders, subscription payment can be made by Mastercard, Visa and American Express or debit cards or direct debit, by completing the relevant details on the checkout page. Any cancellation of a direct debit must be made in writing to ourselves. The subscription charge is a recurring amount paid monthly.
3.7 By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
We accept the following major credit cards ;
3.8 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase, charges you for making the order.
3.9 We recommend that you do not communicate your payment card details and password to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
3.10 If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.
3.11 If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.
3.12 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.
3.13 The format of our invoice and statements to you will solely be dictated by us.
4. Delivery & Title
4.1 Before placing your order, please refer to the delivery options set out on our website a to ensure that we can deliver to your mobile phone.
5.3 In accordance with clause 1.2, acceptance of your order and the formation of a contract between us will take place when we hand the purchased services over to you on receipt of the purchased credits.
5.4 If you need to cancel your order after you have submitted it, please call us on 01276 506407.
6.1 All services are subject to availability.
7. Cancellation, Returns & Refunds
8.1 You may cancel your order at any time in relation to services ordered by you but unused credits cannot be refunded.
8.2 To exercise your right to cancel, you may inform us of your decision to cancel by post, phone or email using the contact details set out below at clause 15. If you are cancelling because of any problem with the services, please notify us of the problem at the time of cancellation.
8.3 We will refund you using the same means of payment as you used to pay for your order or purchase.
8.7 We reserve the right to make a deduction from the amount of the refund for loss in value of the services returned where the services show signs of unreasonable use; for these purposes, unreasonable use includes handling the services beyond what is necessary to establish the nature, characteristics and functioning of the services.
8.8 Your right of cancellation does not apply to services, made to your specifications or clearly personalised.
8.9 Faulty Services
8.10 Where the services are being returned because they are faulty or incorrect, we will meet the cost of a credit refund.
8.12 Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem with the services within 30 days of delivery, we may at our option either offer to make good or cancel the order (or part of the order affected) and refund to you the amount paid by you for the services in question.
Legal Rights as a Consumer
8.14 The provisions of this clause 8 do not affect your legal rights if you are a consumer.
9.1 If you purchase services from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:
9.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
9.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and
9.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
9.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
9.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
9.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us
9.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
9.6 Services are intended for use in the UK only and we cannot confirm that the services comply with any laws, regulations or other standards applicable outside the UK. All services are sold in accordance with instructions contained in the documentation associated with the services.
10.1 We may suspend further supply or delivery, stop any services in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply services to you.
12. Events Beyond Our Control
12.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to services supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
13.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
14. Contact Details
15.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at The Waste Exchange Ltd, 9 Crossways, London Road, Sunninghill, Ascot, SL5 0PY or by phone on 01276 506407, or by email at firstname.lastname@example.org . Calls may be recorded for quality and training purposes. The Waste Exchange Ltd is registered in England Number 11105461
VAT: All prices include VAT at 20% (except where indicated) subject to change in taxation.
17. Alternative dispute resolution
17.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at www.ec.europa.eu/odr .