Terms & Conditions
We are: VacuumServe Limited
Our address is: Unit 9 Bilston Industrial Estate, Oxford St, Bilston, Wolverhampton, West Midlands, WV14 7EG.
We can be contacted at: info@vacuumserve.co.uk or by calling 0800 122 3340 .
You are: A user of our Website.
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any of the Goods or Services from this Website. By ordering any Goods or Services from this Website you agree to be bound by these Terms and Conditions.
1. Definitions
“Agreement” is a reference to these Terms and Conditions, the Delivery and Returns Policy, the Privacy Policy, any order form and payment instructions provided to you;
“Goods” is a reference to the re-conditioned Kirby vacuums or Kirby related accessories and related products which we offer for sale on the Website;
“Service” or “Services” is a reference to the service plans or repairs services which we may supply and which you may request via our Website;
“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Services from the Website;
“we”, “us” and “our” are references to VacuumServe Limited; and
“Website” is a reference to our Website www.vacuumserve.co.uk on which we offer our Services.
2. Ordering
2.1. Any contract for the supply of any Goods or Services purchased from this Website is between you and VacuumServe Limited. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
2.2. Goods and Services purchased from this Website are intended for your use only and you warrant that you are acting as principal only and not as agent for another party when ordering.
2.3. When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
2.4. Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods or Service is available and the details of the order are correct, this email will be deemed an acceptance and will specify details of when the Goods will be despatched to you or when the Services will start and confirm the price. If the Goods or Service is not available we will also let you know by email.
2.5. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods and Services available for sale on the Website and to discontinue any product line or service.
2.6. The contract for the Goods or Services will be accepted at the time of despatch of your order or when we will confirm this to you in writing. You must inform us immediately if any details are incorrect.
3. Prices and Payment
3.1. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of value added tax but exclusive of delivery charges which will be added to your order.
3.2. The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made before the Goods or Services can be provided.
3.3. You must pay for your order before it is delivered and you can do so by debit or credit card. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
3.4. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing the Website.
3.5. Failure to pay on time will result either in the cancellation or suspension of your service plan or order or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our bank’s lending rate from the date the payment was originally due until the date of actual payment. We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor, who will add the sum to your outstanding debt on our behalf. An administration charge of £20 will be charged for each late payment reminder that we are required to send to you.
4. Our Service Plans
4.1. Cover Commencement, Duration, Fees and Renewals
4.1.1. We offer a number of service plans to cover your Kirby vacuum. The details of the service plans are as described on our Website. The level of cover (i.e. Silver, Gold or Platinum) which you have selected and the appropriate fee will be as set out in the written confirmation sent by us to you. Cover will commence on the date that we notify to you in writing and shall continue for a period of 12 months (unless cancelled by either you or us in accordance with these Terms and Conditions).
4.1.2. In order to receive the benefit of the service plan you must pay a non-refundable monthly fee in advance of each month by credit or debit card. At the end of each month, we will automatically bill you for the following month in advance unless you have notified us in writing that you no longer wish to use the service.
4.1.3. At least one month prior to expiry of your plan we will notify you of the annual fee for the next 12 month period. Payment will be taken automatically from you using the same credit or debit card details you have provided to us and your cover renewed unless you notify us otherwise in writing.
4.1.4. If subscription fees become overdue, because for example your credit card has expired, we reserve the right to suspend your access to the service plan until the balance is paid and we may close your account permanently
4.2. Annual Service
4.2.1. For each service plan that we offer you will be entitled to receive an annual service. Please contact us to arrange a suitable date and time to visit you which will be during our normal working hours.
4.3. Call Outs
4.3.1. For each service plan you are entitled to unlimited call outs for the repair of your Kirby vacuum provided that the vacuum you are using is otherwise in good working order and condition. If, when we arrive at a call-out, we discover that the vacuum is not in good working order and is not suitable for the service plan, we will notify you of this and the service plan will be cancelled. No refunds will be given for unused periods of the service plan.
4.3.2. Once we attend a call-out we will examine the vacuum and use our reasonable endeavours to repair the vacuum at your premises.
4.3.3. In some cases it may be necessary to take your vacuum back to our workshop for repair. You will be provided with a receipt confirming that we have taken your vacuum and you will be provided with an estimated time for repair. Once the vacuum is repaired we will contact you to arrange delivery.
4.3.4. Where a new part is required we will order this for you and either fit the part where the vacuum is in our workshop or post this to you. No charge will be made for the part where this is included within the service plan you have selected. Where the part is not covered under your service plan your credit or debit card will be charged with the cost of the part.
4.3.5. We offer an unlimited call out service however we do expect that your use of this service will be reasonable and not excessive. In the event that we determine that your use of this aspect of the service plan is excessive and unreasonable we reserve the right to either cancel the service plan or to charge you £45.00 for each visit.
4.4. Exclusions
4.4.1. Only genuine Kirby vacuums in reasonably good working order are covered by our service plans. We reserve the right, which we shall exercise at our sole discretion, to cancel a service plan where we discover that the vacuum is not a Kirby vacuum and/or the vacuum is not in good enough working order to be covered by the plan.
4.4.2. Repairs or damage caused by excessive or abusive wear and tear of the vacuum are not covered by the service plan.
4.4.3. All vacuums subject to a service plan must be used in accordance with the manufacturer’s guidance for such products.
4.4.4. Parts which would cost in excess of £250.00 will not be covered by our service plans.
4.5. Re-scheduling
4.5.1. If, for whatever reason, you need to re-arrange an appointment with us please provide us with at least 24 hours notice. If you forget to notify us that you wish to re-arrange an appointment an aborted visit charge of £45.00 will be made which you will be required to pay. This will be charged to the credit or debit card that you provided to us when you signed up with us.
4.6. Service Plan Cancellation
4.6.1. You may decide to cancel your service plan at any time by contacting us on info@vacuumserve.co.uk or by calling us on 0800 122 3340. You will not be entitled to a refund for any unused periods of the service plan.
5. One-Off Repairs or Service
5.1. For any one-off repairs or service to a Kirby vacuum that you have requested us to provide to you we will take a full description of the work required along with your details. We will quote you a price for the work however if, when we turn up at the property, we discover that there is more or less work involved we will advise you of the revised fee for the work.
5.2. We will take your credit or debit card details at the time of booking the appointment and this will be debited following completion of the work.
5.3. If no repair is required to the vacuum when we undertake our visit a call out charge of £45.00 will be made.
5.4. If you need to cancel the appointment you must do so at least 24 hours before the scheduled appointment otherwise you will be charged a cancellation fee of £45.00.
6. Selling Your Kirby
6.1. If you wish to sell your Kirby vacuum you must complete and send us the required form which is displayed on our Website.
6.2. When you offer a vacuum for sale to us you warrant:
6.2.1. you are the legal owner of the equipment and that there are no debts owing in respect of the vacuum;
6.2.2. you are at least 18 years old and are legally capable of entering into a binding contract for the sale of the equipment;
6.2.3. the information in the form that you have submitted to us is complete and correct and not misleading in any way;
6.2.4. the vacuum is a genuine Kirby vacuum and not an imitation;
6.2.5. that all documentation you provide to us is genuine and in the original format; and
6.2.6. there are no third parties with any rights or claims to the equipment.
6.3. Upon receipt of the completed form we will contact you and, if the vacuum is of interest to us, we will make you an offer to purchase your vacuum.
6.4. All our offers to purchase vacuums are valid for a period of 30 days and are subject to our inspection of the vacuum and evidence of ownership.
6.5. If you decide to proceed you must contact us and we will arrange collection of the vacuum at our cost. We will inspect the vacuum and confirm our offer to you if we are happy with the condition of the vacuum or make an alternative offer.
6.6. If we do not consider that the vacuum is in suitable condition or we do not agree upon a price then we will arrange delivery of the vacuum at your cost. You will be required to pay for delivery prior to its return.
6.7. Where we have agreed to purchase the vacuum and you have provided us with suitable evidence of ownership, we will pay you the agreed price by Bank Transfer or Cheque within 7 days.
6.8. Please note that you will be liable to us and to indemnify us for any loss, damage, cost or expense that we may incur in the event that the warranties made by you in clause 6.2 above are not true.
7. Your Information
7.1. Where we have requested information from you to provide the Goods or Services you agree to provide us with accurate and complete information.
7.2. You authorise us to use, store or otherwise process your personal information in order to provide the Goods and Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy.
7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
8. Cancellation
Cancellations (For customers based within the EU only):
8.1.1. You have the right to cancel this contract within 14 days without giving any reason.
8.1.2. For Goods purchased through us the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the Goods (or, in the case where you have ordered multiple Goods as part of one order, 14 days from the day on which you acquire, or a third party other than the carrier, acquires physical possession of the last item of the order).
8.1.3. Where you have purchased a service plan, the cancellation period will expire after 14 days from the day of the conclusion of the contract, that is, the day you purchased the service plan.
8.1.4. To exercise your right to cancel you must notify us immediately preferably by email to info@vacuumserve.co.uk or by calling us on 0800 122 3340. You must provide us with a clear statement of your decision to cancel this contract. You can also electronically fill in and submit the model cancellation form or any other clear statement on our Website. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation by email without delay.
8.1.5. 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.
PLEASE NOTE THAT THE RIGHT TO CANCEL DOES NOT APPLY TO EMERGENCY REPAIRS WHICH YOU HAVE ASKED US TO PROVIDE. THE RIGHT TO CANCEL DOES NOT APPLY TO THE SALE BY YOU OF YOUR VACUUM.
6.1 Effects of Cancellation:
6.1.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.1.2 We will make the reimbursement without delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
6.1.3 We will make this 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.
6.1.4 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.
9. Delivery and Returns
9.1. Please refer to our Delivery and Returns Policy for the return of faulty Goods.
9.2. All deliveries are undertaken in accordance with the Delivery and Returns Policy.
10. Our Website Security
10.1. Encryption Technology: We use the industry standard secure sockets layer (SSL) 256-bit encryption technology to ensure that all your personal and transactional information is encrypted before transmission. To check that you are in a secure area of our Website look at the bottom of your browser and you will see a closed padlock. All this technology and our policies are to safeguard your privacy from unauthorised access/improper use.
10.2. External Websites: If you use links on our Website that lead you to external websites, we will have no control over the way your information will be processed. As other websites may handle your information in a different way, we recommend that you check the privacy policies of each website that you visit.
11. Using Our Website
11.1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
11.2. We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
11.3. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
12. Complaints
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to info@vacuumserve.co.uk .
13. Our Intellectual Property Rights
All copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and the Goods and Services (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved. The collection, arrangement and assembly of all content on the Website is the exclusive property of VacuumServe Limited and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website unless expressly invited to do so.
Any manufacturers trademarks referred to or reproduced on this site are the property of their respective owners. All references to manufacturer’s names, models, descriptions or part numbers and all depictions by photograph are solely for identification purposes only. VacuumServe LTD. are not affiliated to nor owned, directed, authorised or in any way influenced by The Kirby Company in the UK or anywhere in the world.
14. Limitation of Liability
14.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
14.2. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods and Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
14.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
14.4. We shall not be held liable for any failure or delay in delivering the Goods or performing the Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
14.5. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
14.6. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
15. General
15.1. We may subcontract any part or parts of the Goods or Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
15.2. We may alter or vary the Terms and Conditions at any time without notice to you.
15.3. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
15.4. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
15.5. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
15.6. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
15.7. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
