JONKER ELECTRICIANS LTD -TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 020 8057 0478.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
2. We are Jonker Electricians Ltd a company registered in England and Wales under number 07958434 whose registered office is at 7 Dagg Lane, Ewhurst Green, Nr Robertsbridge< East Sussex, TN32 5RD with email address firstname.lastname@example.org; telephone number 020 8057 0478. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
7. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation;
8. Services means the services, including any Goods, of the number and description set out in the Order.
9. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
10. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
11. All Services are subject to availability.
12. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
13. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
14. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
15. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
16. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
17. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
18. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
19. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
20. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
21. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
22. Fees and charges include VAT at the rate applicable at the time of the Order.
23. Payment for Services must be made on completion of the work. You must pay in cash or bacs direct bank transfer or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
24. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.
25. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
26. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
27. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
28. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
29. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
30. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
31. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
32. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
33. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
34. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
35. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
36. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
37. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 calendar days from the day the Contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.
Conformity and Guarantee
38. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
39. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
40. It is not a failure to conform if the failure has its origin in your materials.
41. We will supply the Services with reasonable skill and care.
42. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
43. We will provide the following after-sales service: We will supply the appropriate support at cost and as agreed with the customer.
44. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
45. The Contract continues as long as it takes us to perform the Services.
46. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
47. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
48. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
49. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel below.
50. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
51. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
52. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
53. We try to avoid any dispute, so we deal with complaints as follows: Complaints We hope that you will be satisfied with the service you receive however, if you wish to raise a complaint please email email@example.com and we will forward to our complaints procedure to you. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0117 456 6031t or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/
54. We aim to follow these codes of conduct, copies of which you can obtain as follows:
a. which Trusted Trader available from https://trustedtraders.which.co.uk/about/code-of-conduct;
b. check A Trade available from https://www.checkatrade.com/Consumer/CheckatradeStandard.aspx;
c. NAPIT available from https://www.napit.org.uk/downloads/Code%20of%20Practice%20leaflet%20160107.pdf;
d. registered Competent Person available from https://www.competentperson.co.uk/;
e. trust Mark available from https://www.trustmark.org.uk/.
JONKER ELECTRICIANS LTD
What’s this policy about and when does it apply?
Your privacy is important to us. In this policy we want to explain to you how we
use your personal data
comply with the data protection legal obligations which apply to us and this website
so that you understand and have a choice about how your personal data is collected, used and stored (processed).
The policy applies when you use our Website and is part of our terms and conditions which you can on our website www.jonkerelectricians.com. This policy was last updated on 22.05.2018. We may make changes to the policy (for example to keep up with changes in the law) so we advise you to check the policy as you use the Website and our services, although we will let you know about material changes.
Jonker Electricians Ltd is a company registered in England and Wales Company Registration number 07958434 whose Registered Office is at 7 Dagg Lane, Ewhurst Green, Near Robertsbridge, East Sussex, TN32 5RD.
Who do I contact about personal data or change my mind about how you can use it?
Our data protection representative is the administrator who you can email at firstname.lastname@example.org. if you need any help or information about this policy or about how we collect and use personal data. You can also write to us if you prefer.
What personal data and information do you collect?
Personal data is any information which could identify you, including your name, address and email address and IP address. Special category data is more sensitive, such as information about your health or ethnic origin.
Depending on how you use the Website and what we provide to you, we collect a range of personal data from you, including your name and contact information (such as your address, telephone number and email) as well as other information which you choose to give us as you use the Website and our services. You may also choose to give us special category personal information so that we can provide services to you as you require.
If you choose not to provide us with personal data, we may be unable to provide some services to you. For example, without your email address we will not be able to email you.
How do you collect personal data?
We may collect your personal data from you in the following ways
Forms you complete on the Website, such as when you register with us
Information you provide to us when you buy from us or ask us to provide services to you
The information you provide when you communicate with us such as by email
Any surveys or feedback requests which you choose to complete or competitions which you choose to enter
Information about your visits to our Website which will include (but are not limited to) your IP address, online tracking such as location, browser and type of device you use
How do you use Personal information?
We use personal data so that we can
Supply you with services you have asked us for
Send you any information you have asked for or which may interest you, where you have consented to this happening, or information we need to tell you about
Deal with any request for help or answer your queries and customer support generally
Give you the best user experience and to enable you to participate in interactive features of our Website
To analyse and monitor how our Website is used and to help us to administer it (including security and fraud detection) and to run our business generally
What is the lawful basis for processing my personal data?
The law says that we cannot process (collect, use or store) your information unless we have a lawful basis for doing so. There are several lawful bases which we rely on, including
consent – when you agree that we can use your personal data in a particular way
contract – to fulfil our contractual obligations to you or because you have asked us to do something before we enter into a contract together
legal obligation – when the law says that we must, such as for tax reasons
legitimate interests – when we use your personal data in ways you would reasonably expect, and which have a minimal privacy impact, or where there is a compelling justification
Who do you share personal data with?
There may be times when we must share your personal data with others, for example, where the law requires us or to enforce our rights or protect others, such as for fraud prevention. We may also
Allow authorised third parties namely our accountant, SAGE Accounting, Local Authority for Part P notifications, NAPIT and WIX to track and store information about visitors to our website (including IP addresses)
Disclose your personal data to those who are providing services to us if they have appropriate processes to protect it
Otherwise we will only share your personal information if you have consented to this
What are my personal data rights?
The law gives you certain rights in relation to your personal data and to exercise or discuss these rights contact Cath Jonker at email@example.com
The following rights apply to personal data we collect and process so that you can
Access your personal data
Rectify your personal data if it is inaccurate or incomplete
Ask us to erase your personal data and prevent processing in specific circumstances
Restrict processing of your personal data in certain circumstances
Obtain and reuse your personal data for your own purposes across different services
Object to processing your personal data in certain circumstances
You also have the right to lodge any data protection complaints with the Information Commissioner's Office (ICO), the UK’s supervisory authority. Visit www.ico.org.uk for more information including how to access their helpline.
What about storing and transferring personal data?
We keep your personal data only for as long as it is reasonably required and then it will be deleted or destroyed or anonymised. Please ask for our Data Protection Policy for further information.
Your data may be transferred or stored outside the EU to countries which may not have the same data protection as the EU but, if we do this, we will have an agreement with the third party who will be using an approved mechanism to keep personal data secure.
Do you collect and process non-personal Information?
When you use the Website we may also collect non-personal information or aggregated information – that is any information about more than one individual where the individual’s identity is unknown and cannot be inferred from that information. This helps us run our Website and business effectively.
What about third parties and social media?
You may visit or leave our Website by clicking a link to or from another website or platform operated by a third party – for example, you may use social media icons (such as Twitter). If you do this, please also take the time to read the relevant privacy information provided by other websites/platforms because they may be different. Your information will only be shared where you have agreed to permit this.