Last update: 12 April 2020
Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
This contract is used for when you and we enter into a contract online.
In this contract:
- ‘We’, ‘us’ or ‘our’ means ProperWills;
- ‘You’ or ‘your’ means the person buying services from us; and
- ‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
If you don’t understand any of this contract and want to talk to us about it, please speak with our representative or contact us by email at email@example.com (emails will be responded to Monday to Saturday: 10 am to 5 pm).
Who we are. We are ProperWills, our address is ProperWills, Kemp House, 152-160 City Road, London EC1V 2NX, United Kingdom.
How to contact us. You can contact us by emailing our customer service team at firstname.lastname@example.org.
How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order.
If you buy services from us you agree to be legally bound by this contract.
You may only buy services from us for non-business reasons.
When buying any services you also agree to be legally bound by:
(a) extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and
(b) specific terms which apply to certain services. If you want to see these specific terms, please speak with our representative who will tell you when specific terms apply.
All of the above documents form part of this contract as though set out in full here.
2. Information we give you
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically, our representative will give you this information on paper before you buy the services from us. Some of this information is also set out in this contract, such as information on our complaint handling policy (see clause 13).
We will give you information on:
- the main characteristics of the services you want to buy
- who we are, where we are based and how you can contact us
- the total price of the services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
- the arrangements for payment, carrying out the services and the time by which we will carry out the services
- how to exercise your right to cancel the contract and the costs of doing so
- our complaint handling policy
The key information we give you by law forms part of this contract (as though it is set out in full here).
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. Your privacy and personal information
4. Ordering services from us
Below, we set out how a legally binding contract between you and us is made.
Any quotation given by us before you make an order for services is not a binding offer by us to supply such services.
When you decide to place an order for services with us, this is when you offer to buy such services from us.
When you place your order through our website, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:
(a) we cannot carry out the services (this may be because, for example, we have a shortage of staff);
(b) we cannot authorise your payment;
(c) you are not allowed to buy the services from us;
(d) we are not allowed to sell the services to you;
(e) there has been a mistake on the pricing or description of the services.
We will only accept your order when we confirm this to you by email (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will start to carry out the services in the way you and we have agreed.
If you are under the age of 18 you may not buy any services from us.
5. Carrying out of the services
We must carry out the services by the time or within the period which you and we agree. If you and we have agreed no time or period, this will be within a reasonable time.
Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:
- you change the services (and this means we have to do extra work or wait for extra information);
- we have to wait for your other providers to complete their work before we are able to carry out the services;
6. Charges and payment
We will let you know the basis of calculating the charges for the services and related goods (and any extra charges such as delivery charges) to the fullest extent we can when you place an order with us.
We charge for our services on a quotation basis (ie we promise to carry out the services at a fixed price).
We only accept electronic methods of payment, credit cards and debit cards. We do not accept cheques or cash.
You will be invoiced and your credit card or debit card will only be charged when you have completed your order and we have performed the service.
All payments by credit card or debit card need to be authorised by the relevant card issuer.
If your payment is not received by us under clause 6, we may charge interest on any balance outstanding at the rate of 4 percentage points per year above the Bank of England’s base rate. We will email you to let you know if we intend to do this.
The price of the services:
(a) is in pounds sterling (£)(GBP) for UK customers;
(b) is in euro (€)(EUR) for Republic of Ireland customers; and
(c) includes VAT at the applicable rate.
7. Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (ie the work is completed) during this period. This is further explained below in this clause.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by emailing us using the contact details at the top of this contract. You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
We will start providing the services during the 14-day cancellation period.
This means that during the cancellation period if the services are fully performed (ie the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this contract. See also clause 10 below.
8. Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:
(a) for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or
(b) the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (ie the work was completed) during the cancellation period.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9. Nature of the services
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
- the services are carried out with reasonable care and skill;
- you must pay a reasonable price for the services, and no more if you and we haven’t fixed a price for the services; and - we must carry out the services within a reasonable time if you and we haven’t fixed a time for the services to be carried out.
10. Faulty services
Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
(a) contact us using the contact details at the top of this contract; or
(b) visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
Please contact us using the contact details at the top of this contract if you want:
(a) us to repeat the services;
(b) us to fix the services; or
(c) a price reduction.
11. End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12. Limit on our responsibility to you
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
(a) losses that:
- were not foreseeable to you and us when the contract was formed;
- were not caused by any breach on our part;
(b) business losses; and
(c) losses to non-consumers.
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
(a) the services;
(b) our service to you generally; or
(c) any other matter,
please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) give you certain information required by law about our alternative dispute resolution provider.
If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
The laws of Northern Ireland will apply to this contract.
14. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
MODEL CANCELLATION FORM
"To [insert the trader’s name, geographical address and, where available, fax number and e-mail address]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the 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