PLEASE NOTE THAT THESE TERMS AND CONDITIONS ARE USED WITH TRADERS AND WITH CONSUMERS AND IN CERTAIN AREAS DIFFERENT PROVISIONS APPLY TO EACH AS FOLLOWS:

• Part A: General Terms applying to Traders and Consumers.

• Part B: Terms applying only to Consumers.

Before placing an order, the Customer should read these Terms carefully as they contain important information about Restore Datashred Limited and the Contract.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING RESTORE DATASHRED LIMITED’S LIABILITY TO YOU AS A CUSTOMER IN CLAUSES 5 AS VARIED, IN THE CASE OF CONSUMERS, BY CLAUSE 9 AND THE RIGHTS OF TERMINATION IN CLAUSE 6 OF PART A AS VARIED BY THE PROVISIONS OF PART B.

1. This Contract is made up of the following:

(a) The Contract Details.

(b) The Conditions.

2. If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.

This Contract has been entered into on the date listed on the Order.

Agreed terms

  1. Definitions
  2. Order.
  3. Confidential Waste: any items of confidential waste placed in the Shredding Boxes by  the Customer .
  4. : the person, partnership, unincorporated association, company or other organisation, Trader or Consumer named on the Order. Also referred to as ‘you’ throughout this Contract.

PART B          TERMS APPLICABLE TO CONSUMERS

THESE PROVISIONS APPLY WHERE THE CUSTOMER IS A CONSUMER. WHERE THERE IS ANY CONFLICT BETWEEN THE PROVISIONS OF PART A AND PART B OF THIS AGREEMENT , THE PROVISIONS OF THIS PART B SHALL PREVAIL

  • Liability
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage to you that is a foreseeable result of our breaking this Agreement or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you specifically drew it to our attention during the sales process.
    • We do not exclude or limit in any way liability 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 this Agreement including the right to receive the Units and the Services; and
      • for any matter for which we are not permitted by law to exclude or limit, or to attempt to exclude or limit, liability.
    • Save as provided otherwise in this clause 9 or where it would be unlawful to do so, our total liability to you in respect of all other losses arising under or in connection with this Agreement, shall in no circumstances exceed £20,000 in respect of negligence and £10,000 in all other circumstances.
    • AS A CONSUMER, YOU HAVE LEGAL RIGHTS AND REMEDIES IN RELATION TO THE PROVISION OF THE UNITS AND THE SERVICES. ADVICE ABOUT THE CUSTOMER’S LEGAL RIGHTS AND REMEDIES IS AVAILABLE FROM THE CITIZENS’ ADVICE BUREAU. NOTHING IN THESE TERMS WILL AFFECT THE CUSTOMER’S LEGAL RIGHTS AND REMEDIES.
  • Your rights to end the contract
    • Your rights to end the contract will depend on what has been purchased, whether there is anything wrong with it, how we are performing and when you decide to end the Agreement:
      • If any Shredding Box is faulty or misdescribed you may have a legal right to end the Contract (or to get it  replaced or the Service re-performed or to get a full or partial refund of money paid), see clause 13.
      • If you want to end the Contract because of something we have done or intend to do see clause 10.2;
      • If you have just changed your mind, see clause 10.3.  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 Shredding Boxes ;
      • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind) the provisions of clause 6 shall apply.
    • Ending the Agreement because of something we have done or are going to do. If you are ending the Agreement for a reason set out at 10.2(a)-(e) below the Agreement will end immediately and we will refund you in full for any Shredding Box which has been paid for but not been provided or Services paid for but not provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the Services or these terms which you do not agree with;
      • we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
      • there is a risk that supply of the Services may be significantly delayed because of events outside our control;
      • we have suspended supply of the Services for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than three months;
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising the right to change your mind (Consumer Contracts Regulations 2013). You have the 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.
    • When you do not have a right to change your mind. The right as a Consumer to change your mind does not apply in respect of:
      • Services, once these have been completed, even if the cancellation period is still running;
      • Shredding Boxes sealed for health protection or hygiene purposes once these have been unsealed after we receive them;
      • the contents of any Shredding Boxes become mixed inseparably with other items after their delivery to us.
    • How long do you have to change your mind? How long a Consumer has to change their mind depends on what they have ordered and how it is delivered.

In the case of Services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you confirm you have changed your mind.

  1. How to end the agreement with us
    1. To end the Agreement, you must do one of the following: 
      1. Phone or email. Call customer services on [NUMBER] or email Restore Datashred Limited at [ADDRESS]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      2. Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
    2. Returning Shredding Boxes after ending the Agreement. If you end the Agreement for any reason after a Shredding Box been dispatched or received, you must return it to us. It must be posted back to Restore Datashred Limited at [ADDRESS].  If you are a consumer exercising the right to change your mind you must send off the goods within 14 days of telling us you wish to end the Agreement.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. If  a Shredding Box is faulty or misdescribed;
      2. if you are ending the Agreement because we have told you of an upcoming change to the Services or this Contract, 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.

In all other circumstances (including where you are exercising a right to change your mind) you must pay the costs of return.  

  1. Refunds. If you are entitled to a refund under these terms such refunds will be made by the method you used for payment. However, we may reduce any refund (excluding delivery costs) to reflect any reduction in the value of the Shredding Box, if this has been caused by the Customer handling. 
    1. When refunds will be made. Refunds will be made within 14 days from the day on which we receive the Shredding Box back from you.
  2. Restore Datashred Limited’s rights to end the Agreement
    1. Our rights to terminate this Agreement are set out in clause 7.
  3. Your rights in respect of defective Shredding Boxes or Services
    1. We are under a legal duty to supply Shredding Boxes which are suitable for the provision of the Services. See below for a summary of the key legal rights. Nothing in these terms will affect such legal rights.
    2. 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.

SUMMARY OF YOUR KEY LEGAL RIGHTS

This is a summary of key legal rights for Customers who are Consumers. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

In the case of Services, the Consumer Rights Act 2015 says:

a) the Customer can ask Restore Datashred Limited to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if it can’t be fixed.

b) If no price has been agreed beforehand, the price must be reasonable.

c) If no time frame has been agreed beforehand, it must be carried out within a reasonable time.


• Part B: Terms applying only to Consumers.

Before placing an order, the Customer should read these Terms carefully as they contain important information about Restore Datashred Limited and the Contract.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING RESTORE DATASHRED LIMITED’S LIABILITY TO YOU AS A CUSTOMER IN CLAUSES 5 AS VARIED, IN THE CASE OF CONSUMERS, BY CLAUSE 9 AND THE RIGHTS OF TERMINATION IN CLAUSE 6 OF PART A AS VARIED BY THE PROVISIONS OF PART B.

1. This Contract is made up of the following:

(a) The Contract Details.

(b) The Conditions.

2. If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.

This Contract has been entered into on the date listed on the Order.

Agreed terms

  1. Definitions
  2. Order.
  3. Confidential Waste: any items of confidential waste placed in the Shredding Boxes by  the Customer .
  4. : the person, partnership, unincorporated association, company or other organisation, Trader or Consumer named on the Order. Also referred to as ‘you’ throughout this Contract.

PART B          TERMS APPLICABLE TO CONSUMERS

THESE PROVISIONS APPLY WHERE THE CUSTOMER IS A CONSUMER. WHERE THERE IS ANY CONFLICT BETWEEN THE PROVISIONS OF PART A AND PART B OF THIS AGREEMENT , THE PROVISIONS OF THIS PART B SHALL PREVAIL

  • Liability
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage to you that is a foreseeable result of our breaking this Agreement or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you specifically drew it to our attention during the sales process.
    • We do not exclude or limit in any way liability 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 this Agreement including the right to receive the Units and the Services; and
      • for any matter for which we are not permitted by law to exclude or limit, or to attempt to exclude or limit, liability.
    • Save as provided otherwise in this clause 9 or where it would be unlawful to do so, our total liability to you in respect of all other losses arising under or in connection with this Agreement, shall in no circumstances exceed £20,000 in respect of negligence and £10,000 in all other circumstances.
    • AS A CONSUMER, YOU HAVE LEGAL RIGHTS AND REMEDIES IN RELATION TO THE PROVISION OF THE UNITS AND THE SERVICES. ADVICE ABOUT THE CUSTOMER’S LEGAL RIGHTS AND REMEDIES IS AVAILABLE FROM THE CITIZENS’ ADVICE BUREAU. NOTHING IN THESE TERMS WILL AFFECT THE CUSTOMER’S LEGAL RIGHTS AND REMEDIES.
  • Your rights to end the contract
    • Your rights to end the contract will depend on what has been purchased, whether there is anything wrong with it, how we are performing and when you decide to end the Agreement:
      • If any Shredding Box is faulty or misdescribed you may have a legal right to end the Contract (or to get it  replaced or the Service re-performed or to get a full or partial refund of money paid), see clause 13.
      • If you want to end the Contract because of something we have done or intend to do see clause 10.2;
      • If you have just changed your mind, see clause 10.3.  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 Shredding Boxes ;
      • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind) the provisions of clause 6 shall apply.
    • Ending the Agreement because of something we have done or are going to do. If you are ending the Agreement for a reason set out at 10.2(a)-(e) below the Agreement will end immediately and we will refund you in full for any Shredding Box which has been paid for but not been provided or Services paid for but not provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the Services or these terms which you do not agree with;
      • we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
      • there is a risk that supply of the Services may be significantly delayed because of events outside our control;
      • we have suspended supply of the Services for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than three months;
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising the right to change your mind (Consumer Contracts Regulations 2013). You have the 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.
    • When you do not have a right to change your mind. The right as a Consumer to change your mind does not apply in respect of:
      • Services, once these have been completed, even if the cancellation period is still running;
      • Shredding Boxes sealed for health protection or hygiene purposes once these have been unsealed after we receive them;
      • the contents of any Shredding Boxes become mixed inseparably with other items after their delivery to us.
    • How long do you have to change your mind? How long a Consumer has to change their mind depends on what they have ordered and how it is delivered.

In the case of Services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you confirm you have changed your mind.

  1. How to end the agreement with us
    1. To end the Agreement, you must do one of the following: 
      1. Phone or email. Call customer services on [NUMBER] or email Restore Datashred Limited at [ADDRESS]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      2. Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
    2. Returning Shredding Boxes after ending the Agreement. If you end the Agreement for any reason after a Shredding Box been dispatched or received, you must return it to us. It must be posted back to Restore Datashred Limited at [ADDRESS].  If you are a consumer exercising the right to change your mind you must send off the goods within 14 days of telling us you wish to end the Agreement.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. If  a Shredding Box is faulty or misdescribed;
      2. if you are ending the Agreement because we have told you of an upcoming change to the Services or this Contract, 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.

In all other circumstances (including where you are exercising a right to change your mind) you must pay the costs of return.  

  1. Refunds. If you are entitled to a refund under these terms such refunds will be made by the method you used for payment. However, we may reduce any refund (excluding delivery costs) to reflect any reduction in the value of the Shredding Box, if this has been caused by the Customer handling. 
    1. When refunds will be made. Refunds will be made within 14 days from the day on which we receive the Shredding Box back from you.
  2. Restore Datashred Limited’s rights to end the Agreement
    1. Our rights to terminate this Agreement are set out in clause 7.
  3. Your rights in respect of defective Shredding Boxes or Services
    1. We are under a legal duty to supply Shredding Boxes which are suitable for the provision of the Services. See below for a summary of the key legal rights. Nothing in these terms will affect such legal rights.
    2. 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.

SUMMARY OF YOUR KEY LEGAL RIGHTS

This is a summary of key legal rights for Customers who are Consumers. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

In the case of Services, the Consumer Rights Act 2015 says:

a) the Customer can ask Restore Datashred Limited to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if it can’t be fixed.

b) If no price has been agreed beforehand, the price must be reasonable.

c) If no time frame has been agreed beforehand, it must be carried out within a reasonable time.


PLEASE NOTE THAT THESE TERMS AND CONDITIONS ARE USED WITH TRADERS AND WITH CONSUMERS AND IN CERTAIN AREAS DIFFERENT PROVISIONS APPLY TO EACH AS FOLLOWS:

• Part A: General Terms applying to Traders and Consumers.

• Part B: Terms applying only to Consumers.

Before placing an order, the Customer should read these Terms carefully as they contain important information about Restore Datashred Limited and the Contract.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING RESTORE DATASHRED LIMITED’S LIABILITY TO YOU AS A CUSTOMER IN CLAUSES 5 AS VARIED, IN THE CASE OF CONSUMERS, BY CLAUSE 9 AND THE RIGHTS OF TERMINATION IN CLAUSE 6 OF PART A AS VARIED BY THE PROVISIONS OF PART B.

1. This Contract is made up of the following:

(a) The Contract Details.

(b) The Conditions.

2. If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.

This Contract has been entered into on the date listed on the Order.

Agreed terms

  1. Definitions
  2. Order.
  3. Confidential Waste: any items of confidential waste placed in the Shredding Boxes by  the Customer .
  4. : the person, partnership, unincorporated association, company or other organisation, Trader or Consumer named on the Order. Also referred to as ‘you’ throughout this Contract.

PART B          TERMS APPLICABLE TO CONSUMERS

THESE PROVISIONS APPLY WHERE THE CUSTOMER IS A CONSUMER. WHERE THERE IS ANY CONFLICT BETWEEN THE PROVISIONS OF PART A AND PART B OF THIS AGREEMENT , THE PROVISIONS OF THIS PART B SHALL PREVAIL

In the case of Services, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you confirm you have changed your mind.

  1. How to end the agreement with us
    1. To end the Agreement, you must do one of the following: 
      1. Phone or email. Call customer services on [NUMBER] or email Restore Datashred Limited at [ADDRESS]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      2. Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
    2. Returning Shredding Boxes after ending the Agreement. If you end the Agreement for any reason after a Shredding Box been dispatched or received, you must return it to us. It must be posted back to Restore Datashred Limited at [ADDRESS].  If you are a consumer exercising the right to change your mind you must send off the goods within 14 days of telling us you wish to end the Agreement.
    3. When we will pay the costs of return. We will pay the costs of return:
      1. If  a Shredding Box is faulty or misdescribed;
      2. if you are ending the Agreement because we have told you of an upcoming change to the Services or this Contract, 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.

In all other circumstances (including where you are exercising a right to change your mind) you must pay the costs of return.  

  1. Refunds. If you are entitled to a refund under these terms such refunds will be made by the method you used for payment. However, we may reduce any refund (excluding delivery costs) to reflect any reduction in the value of the Shredding Box, if this has been caused by the Customer handling. 
    1. When refunds will be made. Refunds will be made within 14 days from the day on which we receive the Shredding Box back from you.
  2. Restore Datashred Limited’s rights to end the Agreement
    1. Our rights to terminate this Agreement are set out in clause 7.
  3. Your rights in respect of defective Shredding Boxes or Services
    1. We are under a legal duty to supply Shredding Boxes which are suitable for the provision of the Services. See below for a summary of the key legal rights. Nothing in these terms will affect such legal rights.
    2. 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.

SUMMARY OF YOUR KEY LEGAL RIGHTS

This is a summary of key legal rights for Customers who are Consumers. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

In the case of Services, the Consumer Rights Act 2015 says:

a) the Customer can ask Restore Datashred Limited to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if it can’t be fixed.

b) If no price has been agreed beforehand, the price must be reasonable.

c) If no time frame has been agreed beforehand, it must be carried out within a reasonable time.