1. Introduction

1.1 We are Buggy Pitstop, a pushchair cleaning and repairs company registered in Companies House, under company number 08473039, with our registered service centre at 324A Headstone Lane, Syrinity House, Hatch End, HA3 6NW, United Kingdom. Henceforth referred to as (“we”, “our”, “us” or “Buggy Pitstop“).”

1.2 If you are a consumer then references in these terms and conditions (the “Terms”) to “you” are to the individual using ours Services for private and non-commercial purposes.

1.3 These Terms (together with our Privacy Policy and End User Licence Agreement) tell you information about us and the legal terms and conditions on which we provide the cleaning services detailed in (the “Services”) to you. These Terms, the Privacy Policy and the End User Licence Agreement are together the “Agreement”.

1.4 You should print a copy of these Terms or save them to your computer for future reference.

1.5 We amend these Terms from time to time as set out in section 12. Every time you wish to order Services, please check these Terms to ensure you understand the terms that will servicely at that time.

1.6 In these Terms:

 

1.6.1 “Delivery Box (s)” means the box (s) provided to you by the delivery driver pursuant to an Order for packaging of your Items. The box (s) will be pre-labelled;

1.6.2 “Collection Window” means the time period specified in your Order for collection of your Items;

1.6.3 “Customer Account” means a customer account which has been opened by you through the service in respect of the Services and is identified by way of an allocated account number generated by us;

1.6.4 “Return Window” means the time period specified in your Order for return of your Items once cleaned and/or repaired (as servicelicable);

1.6.5 “Items” means the items that you send to us to process;

1.6.6 “VAT” means Value Added Tax;

1.6.7 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

1.6.8 a reference to a party includes its successors or permitted assigns;

1.6.9 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

1.6.10 any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

1.6.11 a reference to writing or written includes emails

1.6.12 “Minimum Order Value” means the minimum amount customers have to pay for their order (excluding discounts) without service fee

1.6.13 “Service Class” service level to be provided to customers defined by the following factors: collection window, return time, minimum order value, and service fee

2. The order process

2.1 The Services shall be performed in accordance with the process set out in this section 3.1:

2.1.1 in placing your first order, you will be required to fill in your details with your personal information so that we can fulfill our duties as a service. 

2.1.2 Buggy pitstop has engaged, depending on the chosen payment method by the customer (credit card or PayPal), its subsidiary Digital Services with Stripe. Buggy pitstop Limited to process its payment transactions.

2.1.3 Once you have placed an order you will be contacted via an automated email in order to confirm the details provided. 

2.1.4 subject to section 4, we will use a third party courier service to collect your Items at a charge, during the Collection Window from the address specified in the Order;

2.1.5 you shall place your Items into the Delivery Box(s) provided to you by the delivery driver at the time of collection, or into Delivery Box(s) retained by you following a previous Order, and we shall label your Delivery Box (s) so that they can be identified as containing your Items and relating to your Order. 

2.1.6 we do not guarantee the use of specific detergents, softeners or other commonly used cleaning products;

2.1.7 we try to accommodate special requests as much as possible, however we are under no obligation to inform the customer prior to processing of the items if these requests cannot be followed;

2.1.8 we do not guarantee the full and successful removal of stains;

2.1.9 if no one is available at your address when the driver comes to collect your Items, the driver

might leave you a note informing you of this and you will be charged for a second collection. Please contact us to rearrange collection. We reserve the right to refuse to re-collect if an initial collection fails through no fault of our own;

2.1.10 we will undertake the necessary work to the specification of your Order; and

2.1.11 subject to section 4, we will return your Items to you once the work is complete which may take up to a week.

2.2 We reserve the right to refuse to process any items that we believe may be damaged if processed. There are also brands that we are unable to repair, these too will be refused.

3. Collection and returns of items

3.1 If you are a consumer, we will only collect or return Items from or to your private residential address. If you are a business, we will only collect or return Items from or to your office/business address. Collections or return to any other address are subject to our express written serviceroval.

3.2 Times given for collection and return are estimates only and we shall not be liable for any delay in collection or return, due to the fact that we work with a third party courier service.

3.3 You shall be responsible for:

3.3.1 ensuring that either you or your authorised representative (as specified in the Order) are present during the Collection Window and Return Window of the Items;

3.3.2 providing us with your correct and up-to-date contact details in your Customer Account – we are not liable for information not reaching you due to incorrect or inaccurate user details;

3.3.3 ensuring that the Items are securely and safely packed into the Delivery Box (s), and that the Items are securely and safely protected, so as not to cause any damage or injury to:

 

  1. the Items;
  2. the Delivery Box(s);

 

3.3.4 removing all loose objects before handing the items to Buggy pitstop, especially articles of value, metal- and plastic objects, pens, cosmetic products and paper and for checking the pockets. You will be held liable for damages that incur through such items on property of Buggy pitstop or third parties.

3.4 All Items that you wish us to clean and/or repair must be packed by you into a Delivery Box, and we shall not accept any type of container other than a Delivery Box for such Items. 

3.5 In the unlikely situation of your pushchair being lost in transit, you will have to wait for a thorough investigation to take place before we can confirm whether or not we can retrieve your item (s). The third party provider could take up to 4 weeks. We are not liable for any inconvenience that this may cause you. In this situation we will offer you a loan pushchair if you are in need of it. The loan pushchair may not be equivalent to your pushchair as is also subject to availability. 

3.6 In the unlikely situation that your item is irretrievable due to an error in transit, your item (s) are insured by the third party courier service of up to a total of £100 per package. However, Buggy Pitstop will replace your item (s) like for like (not old for new); if you are unwilling to accept an equal equivalent of your item (s) we will provide you the money of the market value which Buggy Pitstop will determine after market research.

4. The items

4.1 You shall ensure that, throughout the term of this Agreement, the Items are and shall remain your property, or that you have the permission and authority of the person who owns the Items to use the Services in relation to the Items.

4.2 You shall be responsible to us for any losses we suffer relating to any actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of this section.

4.3 We reserve the right not to process any items that are not in our price list – any items submitted to us that are not in the price list will be returned to the customer unprocessed.

5. Restrictions on your use of the service

5.1 You must not:

5.1.1 use the Services or the service except as expressly permitted by this Agreement;

5.1.2 use or interact with the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose;

5.1.3 disrupt, damage or interfere with the Services or the service in any way; or

5.1.4 offer in any manner, sub-license or re-sell the Services, use of or access to the Services, to a third party, for any reason whatsoever without our prior written consent.

6. Risk and insurance

6.1 Risk in the Items shall remain with you at all times.

6.2 We will replace any item (s) that have been lost or damaged in transit.

7. Payment and charges

7.1 The charges for the Services are set out in the estimate email/notification issued, once this has been accepted, an invoice will be issued for payment whilst the necessary work is carried out. 

7.2 We are entitled to charge the Collection & Delivery fee as a pre charge amount deposit fee, while the remaining payment for the actual service shall be expected shortly after the invoice has been issued.

7.3 All charges are inclusive of VAT. If the rate of VAT changes, we may adjust the VAT you pay on the charges, such adjustment becoming effective as from the effective date of the change in the rate of VAT.

7.4 Form of rebate (i.e. voucher promotion, refund, etc.) can only be servicelied up to the final amount of the order. Rebates must be used on one single order – remaining rebate values cannot be carried over to subsequent orders unless explicitly communicated by Buggy pitstop or our marketing partners.

7.5 You shall pay all amounts due under the Order in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit (unless you decide to pay in the service centre), set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

7.6 Voucher Redemption

Voucher credits will be subtracted from the order total. If there is a remaining balance, the customer will need to pay the difference, or needs to contact info@Buggy pitstop.co.uk of the full voucher amount is not deducted from the order total. In that case, a new voucher or code will be issued. If the value of the order exceeds the value of the voucher, the price difference needs to be settled with another payment method. The customer can receive information about the status and redemption of the voucher at any time by contacting Buggy pitstop. The voucher cannot be returned or refunded. And, they cannot be combined with other discount campaigns, e.g. the “refer a friend” campaign.

7.6.1 Restrictions

Vouchers, including remaining credit balances, expire 1 year after its issue. They cannot be used for purchasing another voucher. They cannot be recharged, resold or paid in cash.

7.6.2 Liability

Transferring the voucher also transfers the loss, risk and ownership rights of the voucher onto the purchaser. The purchaser is obliged to keep the voucher code secret and only reveal it to a person that they’ll transfer the voucher to.

We shall assume no liability for loss, theft, damage or unauthorized use of the voucher.

7.6.3 Fraud

We are entitled to close affected accounts and demand another payment method in case a voucher was obtained fraudulently and/or has been used for a Buggy pitstop order.

8. Failure to pay the charges

8.1 In the event that you do not promptly pay all sums (including interest) owing from you to us when payable (the “Debt“), we are relieved of any duty howsoever arising in respect of the Items, which continue to be held solely at your risk, and we shall immediately exercise a lien over the Items for the Debt until payment of the Debt in full has been received by us (the “Lien“).

8.2 After we exercise the Lien, in default of the prompt payment of the Debt, you authorise us to hold onto and/or ultimately dispose of some or all of the Items in accordance with section 9.3.

8.3 In the event that the Debt is not paid within 30 days after its due date for payment, the following shall servicely:

 

8.3.1 we may sell the Items and transfer all ownership to the Items to the purchaser of the Items;

8.3.2 before we sell the Items, we shall give you notice in writing (provided in accordance with section 19) of the amount of the Debt at the date of the notice and that if the Debt is not settled within 10 days of such notice, we will sell the Items;

8.3.3 we may use the proceeds of sale to pay first the costs incurred by us in selling the Items, secondly in paying the Debt, and to hold any balance for you (with no interest accruing to you on the balance), such balance (if any) to be returned to you within 30 days of the sale of the Items. 

8.3.4 if the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by us and the Debt, you must pay any balance outstanding to us within seven days of a written demand from us, which shall set out the balance remaining due to us after the net proceeds of sale have been credited to you. Interest will continue to accrue on the Debt until payment has been made;

8.3.5 we may sell the Items by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale;

8.3.6 if the Items cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite our efforts, you authorise us to treat them as abandoned by you and to destroy or otherwise dispose of them at your cost; and

8.3.7 you will pay our reasonable costs incurred in administering the Debt collection and sale process described in this section. These costs will include (without limitation) auction costs, removal costs, cleaning costs and charges for our own time.

8.4 Without limiting any of our other rights or remedies, if you fail to pay any of the charges due to us by you under this Agreement within 15 days of their due date for payment, such outstanding amounts shall incur interest at a rate of 3% above the base rate of Barclays Bank plc in the United Kingdom from time to time, calculated from the date that payment became due up to and including the date that payment is made of both the outstanding amounts and any interest accrued thereon.

9. Limitation of liability

9.1 You must inspect the Items following the return of the Items from our service centre and, if you believe that the Items are lost or damaged in any way, you must promptly inform us about such loss or damage within 72 hours of receiving the items, and we reserve the right to inspect and take pictures of any alleged damage to any Items before you make an insurance claim in relation to such Items. 

9.2 We shall not be liable to you for any loss, mis-delivery of and/or damage to any Items as a result of:

  1. any seizure or forfeiture under legal process;
  2. any normal wear and tear;
  3. any colour loss, bleeding or shrinkage of garments, in particular for items included in the cleaning service
  4. any act, omission, misstatement or misrepresentation by you or your servants or agents;
  5. any inherent vulnerability to wastage, defect or inherent defect, natural deterioration or fragility of the Items (even if marked “Fragile”);
  6. insufficient or improper packing;
  7. insufficient labelling or addressing; or
  8. you not taking or accepting collection or return of the Items during the Collection Window or Return Window (as servicelicable).
  9. any extraneous objects left in or on the Item, including but not limited to: coins, buttons, jewellry, cufflinks, collar stiffeners, pens or tie clips;
  10. incorrect information provided to the driver;
  11. incorrect labelling on the manufacturers behalf, or incorrect instructions from the customer.

9.2.1 Damaged items will not be considered as unsatisfactory service of Buggy pitstop if they result from/through:

  1. Insufficient condition of the item that couldn’t be identified by professional examination. This shall servicely in particular for insufficient firmness of fabric and seams and thickness, low durability of the fabric, insufficient authenticity of the coloring and printings, impregnations, earlier inserviceropriate treatment, hidden foreign bodies as mentioned in 4.6.7 and other hidden lack, inadequate fixation of buttons, buckles and zipper.
  2. Garments that cannot or only partly be cleaned and/or repaired 

9.3 If you are a consumer:

9.3.1 we only supply the Services to you for your domestic and private use and you agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;

9.3.2 if we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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 the agreement; and

All refund claims, whether successful or not, require the completion of a refund form provided by us. 

9.3.3 subject to section 10.7, our total liability in respect of the Items, the Services or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage during collection, cleaning or return, shall not in any event exceed the lower of:

(i) the cost price of the lost or damaged Items;

(ii) the current replacement cost of the Items; or

9.4 If you are a business:

9.4.1 subject to section 10.6, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss;

9.4.2 you shall indemnify us and keep us indemnified for any and all losses resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, carriers, agents, employees or affiliates which arise out of your use of the Services or your breach of this Agreement.

9.5 In the event of a claim, we shall be entitled to require proof of the cost price and the current replacement cost of the Items.

9.6 Nothing in these Terms excludes or limits our liability for:

9.6.1 death or personal injury caused by our negligence;

9.6.2 fraud or fraudulent misrepresentation;

9.6.3 any other liability that cannot be excluded by law.

9.7 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

9.8 This section 10 shall survive termination of the Agreement.

10. Our right to vary these terms

10.1 We may revise these Terms from time to time.

10.2 Every time you place an Enquiry, the Terms in force at that time will servicely to any corresponding Order

11. Right to cancel

11.1 If you are a consumer:

11.1.1 you have the legal right to cancel this Agreement, and may request a refund only if you have already made a payment to us, and only before the order has been processed

11.1.2 if you wish to cancel in accordance with section 11.1.3 you must inform us of your intention to cancel using the contact details set out at section 13.3

11.1.4 if your Return Window is on a date which is before the cancellation period set out at section 13.1.1 expires, then the Services will have commenced on that date and you shall then no longer have the right of cancellation.

11.2 Whilst we believe that you will be very satisfied with the Services, if you are not satisfied with the Services please contact us immediately in order that we may address your concerns sooner rather than later. 

12.3 Our contact telephone number for complaints is +44 203 8767778, our email address is info@Buggy pitstop.com and our postal address is Syrinity House, 324A Headstone Lane, Hatch End, HA3 6NW, United Kingdom.

12. Obligations

12.1 You shall:

12.1.1 ensure that the information you include in the form is complete and accurate; and

12.1.2 ensure that you only purchase Services if you are at least 18 years old.

12.2 We shall provide the Services with reasonable care and skill.

13. Termination

13.1 You may terminate this Agreement at any time by requesting the return of your Items and paying any outstanding charges due to us.

13.2 We may terminate this Agreement with immediate effect by notice in writing to you if:

13.2.1 you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or

13.2.2 you are in breach of any term of this Agreement.

13.3 We may terminate this Agreement for any reason by giving you not less than 30 days’ written notice.

14. Consequences of termination

14.1 Upon termination of this Agreement for any reason:

14.1.1 you must contact us promptly to arrange for return of the Items. If within 30 days following termination of this Agreement for any reason you fail to arrange for return of the Items, then we may dispose of the Items in accordance with the provisions of section 9.3;

14.1.2 you shall immediately pay to us all of our outstanding unpaid invoices and interest;