TIYG do not deliver products. Any services or products ordered via the website are to be used / collected on site
- Definitions
- When the following words with capital letters are used in these Terms, this is what they will mean:
“Booking” | a booking for a work-bay and/or specialist tools made by you with Us in any way including on the website www.thisisyourgarage.com, by telephone, email or in person; |
“Event Outside Our Control” | is defined in clause 8.2; |
“Services” | making available work-bays with basic tools and/or specialist tools in accordance with any Booking made by You; |
“Terms” | the terms and conditions set out in this document; and |
“We/Our/Us” | David Ridgway trading is “This is your Garage”. |
- When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
- Our Contract With You
- These are the terms and conditions on which We supply Services to you.
- When you submit a Booking to Us, these Terms will only become binding on you and Us if the Booking is successful. For the purposes of this clause ‘successful’ shall mean a work-bay being available for the time booked and payment being made in accordance with these Terms.
- Changes to Terms
- We may revise these Terms from time to time and will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
- You may make a change to the Booking at any time before the start date for the Booking by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel the Booking in accordance with clause 1 in these circumstances.
- If you wish to cancel a Booking before it has commenced, please see your right to do so in clause 9.
- Providing Services
- We will make every effort to supply the Services to you period of time in the Booking, however, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
- We will provide an induction process and any relevant training in the use of the work-bays and any specialist tools, including providing a workshop manual setting out the safe and correct use of any such tools and You will comply with these instructions and any reasonable requirements from time to time in relation to the use of the work-bays and any specialist tools.
- We will need certain information from you that is necessary for Us to provide the Services, for example:
- details of your insurance for the relevant vehicle;
- details of the registered owner of the relevant vehicle;
- proof of your identity.
We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may cancel the Booking by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
- If any vehicle is left in a work-bay for longer than the time set out in the Booking We reserve the right to move the vehicle at your risk and We may make an additional charge of a reasonable sum to cover the removal and any storage of the vehicle. We will not be liable for any damage to the vehicle when moving it unless any such damage is due to Our negligence or the negligence of Our employees, agents or subcontractors.
- We may have to suspend the Services if We have to deal with technical problems, or to make improvements. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 4 but this does not affect your obligation to pay for any invoices We have already sent you.
- If you do not pay Us for the Services when you are supposed to as set out in clause 3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.4.
- If There Is a Problem With the Services
- In the unlikely event that there is any defect or problem with the Services:
- please contact Us and tell Us as soon as reasonably possible;
- please give Us a reasonable opportunity to repair or fix any defect; and
- We will use every effort to repair or fix the defect as soon as reasonably practicable.
- As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- In the unlikely event that there is any defect or problem with the Services:
- Price and Payment
- The price of the Services will be set out in Our price list in force at the time you make the Booking. Our prices may change at any time, but price changes will not affect Bookings which have been made.
- These prices include VAT. However, if the rate of VAT changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Booking in full before the change in the rate of VAT takes effect,
- Where We are providing Services to you, We will ask you to make an advance payment of the price of the Services. Your rights to a refund on cancellation are set out in clause 9. If any payment is not made in advance, We will invoice you for the balance of the Services on or any time after We have performed the Services. Each invoice will quote the Booking details. You must pay each invoice in cleared monies within 14 calendar days of the date of invoice by bank transfer.
- If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
- However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 4 will not apply for the period of the dispute.
- Our Liability to You
- If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
- We only supply the Services for domestic and private use. You agree not to use the Services for any commercial or business purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Subject to clause 4, We will not be liable for:
- any damage caused to your vehicle by You or another person using the Services and you will need to rely on your own insurance for this;
- any advice or suggestions made by Us or Our employees, agents or subcontractors who try to assist or respond to queries;
- any injury caused by your incorrect use of the work-bay and/or tools;
- We do not exclude or limit in any way Our liability for:
- death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
- Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
- An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
- You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights in clause 9.
- Rights to Cancel and Applicable Refund
- Before We begin to provide the Services, you have the following rights to cancel a Booking, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 1 to your material disadvantage:
- You may cancel any Booking at any time before the start date for the Booking by contacting Us. We will confirm your cancellation in writing to you.
- If you cancel a Booking under clause 1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- Once the Booking has commenced, you may terminate the Booking early however no advance payment you have made for Services that have not been provided will be refunded to you.
- If We have to cancel a Booking before the Booking start:
- We may have to cancel a Booking before it commences, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
- If We have to cancel a Booking under clause 3.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- We may cancel any Booking at any time with immediate effect by giving you written notice if:
- you do not pay Us when you are supposed to as set out in clause 3. This does not affect Our right to charge you interest under clause 6.4; or
- you break the contract in any other material way and you do not correct or fix the situation (if it is capable of being corrected or fixed within five days of Us asking you to in writing.
- Before We begin to provide the Services, you have the following rights to cancel a Booking, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 1 to your material disadvantage:
- Information About Us and How to Contact Us
- We are a sole trader established in England and Wales. Our address is Unit 120, Culham No.1 Site, Culham, Oxfordshire OX14 3DA. Our registered VAT number is GB192694565.
- If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us on 01865 407757 or by e-mailing Us at info@thisisyourgarage.com.
- If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by post to the details in clause 1. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by post to the address you provide to Us in the Booking.
- How We May Use Your Personal Information
- We will use the personal information you provide to Us to:
- provide the Services;
- process your payment for Bookings; and
- inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
- We will not give your personal data to any third party.
- We will use the personal information you provide to Us to:
- Other Important Terms
- We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
- You may not transfer your rights or your obligations under these Terms to another person.
- This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
- These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.