DDV Smart Solutions Ltd - TERMS AND CONDITIONS
INTRODUCTION
1.1 These terms and conditions tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.2 By placing an order with us, you agree to deal with us on these terms and conditions to the exclusion of all other terms, conditions or warranties contained anywhere else or implied by trade, custom, practice or course of dealing.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are DDV Smart Solutions Ltd a company registered in England and Wales. Our company registration number is 10418036, our trading address is at R1 Kingsville Road, Cheltenham GL51 9NZ and our registered office address is 36 Wheatland Drive, Cheltenham GL51 0QA. Our registered VAT number is 235769279.
2.2 You can contact us by telephoning 01242 70010 or 07500902995 or sending an email to info@ddv.ltd.
2.3 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
OUR CONTRACT WITH YOU
3.1 We will inspect the vehicle and provide you with a written estimate by email (or by post if requested). This estimate is an offer to carry out repairs to the damage indicated at the price stated. Estimates are valid for thirty (30) days from date of issue.
3.2 Any estimate provided prior to inspection of the damage is indicative only and subject to revision.
3.3 Your agreement to proceed with the repairs constitutes acceptance of that offer and forms a binding legal contract incorporating these terms. You will be bound by these terms upon any agreement verbal or written at the time of repair. Such contracts may be made via the website, in person, during the course of telephone conversations, or via other forms of electronic communication.
3.4 Booking date: shall be the date on which we confirm the arrangements, including the cost, date, time and location for the work indicated on the estimate to take place.
3.5 Our acceptance of your order will take place when we tell you that we are able to provide you with the services, at which point a contract will come into existence between you and us.
3.6 Please inform us at the time of the estimate if the vehicle is a lease/hire vehicle and we must be informed if the estimate is required for an insurance claim – insurance estimates contain additional information
3.7 We will inform you if for any reason we are unable to accept your order and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to the services agreed in the estimate please contact us. If the change is possible we will inform you of any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
OUR RIGHTS TO MAKE CHANGES
5.1 Before starting repair work on the vehicle, a pre-work inspection will be carried out and any visible damage will be listed. We do not accept any liability for repair of damage (visible or not), existing before we started work on the vehicle and for which we have not expressly identified on the estimate as repair work to be undertaken.
5.2 If during the pre-work inspection the damage is more extensive or if panels that are not listed on the estimate are affected, then additional charges would need to be applied and we will inform you of this before commencing any work on the vehicle.
5.3 If upon commencing work on the vehicle it becomes clear that additional work is necessary that would increase the estimate value, we will contact you for authorisation before further work is carried out. If you do not authorise this additional work we reserve the right not to continue with the repair(s). In these circumstances the full estimate price remains payable by the you.
PROVIDING THE SERVICES
6.1 You will be given an approximate timescale for the repair upon booking – please note we do our utmost to keep to these timescales - however we accept no responsibility for unforeseen delays within the repair process. If the repair is likely to exceed the approximate timescale then we will inform you as soon as possible, please inform us in advance if any delays would cause a problem for you and we will establish the best course of action.
6.2 Due to the nature of aftermarket repairs there can be issues relating to previous repairs, paint reactions with cleaning/polishing products on the vehicle, corrosion, or colour matching which may result in delays or re-booking the vehicle to come back in for polish or re-spray. Certain types of repair can also be unpredictable in timescales if they require extensive re-shaping (for example large door dents).
6.3 We may need certain information from you so that we can provide the services to you. If you do not provide us with this information, within a reasonable time of us asking for it, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.1 will apply.
6.5 If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
6.6 We may have to suspend the services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 5).
6.7 We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency.
6.8 If you are not the owner of the vehicle, you categorically confirm that the owner of the vehicle has given their informed authority for the repair work to be carried out on the vehicle
6.9 Unless otherwise stated repairs will be completed at our workshop. If the repair is specified as a mobile repair the following conditions apply:
(a) Access is required to water and a power point able to safely supply;
(b) We require an off road area to work with enough space to park the van next to the vehicle
(c) We reserve the right to decide, upon the suitability of the location and will not be obliged to complete repairs if the location is not safe or suitable
(d) This location may be changed at any time (including on the day of repair) due to variable factors, including, weather and available light.
(e) If we decide that mobile repairs need to be completed at the workshop, you authorise us to move the vehicle to that location. Removal and return of the vehicle in these circumstances will be free of charge.
6.10 If, for any reason (including but not limited to unfavourable weather conditions) we are unable to carry out the repair(s) at the agreed time/date/location, we will not accept any liability for costs or inconvenience incurred by the customer as a result. We will make an offer to conduct the repair(s) at the estimate price at an alternative time, date or location convenient to both and all liability incurred by us as a result shall be discharged whether or not such offer is accepted.
6.11 Once the vehicle repair work is completed, you will be asked to confirm that you are satisfied with the result. please make sure you inspect the vehicle repair work carefully before you give your confirmation. We will rely on your confirmation that there are no obvious visible defects in the vehicle repair work. We accept that your confirmation cannot apply to things you cannot be expected to see at the time of your inspection.
6.12 A minimum period of 5 days must be allowed immediately after completion of the work before applying any form of abrasive contact with the repaired area. This includes, but is not limited to, the use of any cleaning chemicals and automatic car washes. The repaired area must therefore not be handled, washed or polished during this period. After this period, the vehicle paintwork should be cared for in accordance with the guidelines provide in the vehicle manufacturer’s aftercare handbook.
YOUR RIGHTS TO END THE CONTRACT
7.1 Any contract may be cancelled by you, at any time prior to the commencement of the vehicle repair work. If you wish to cancel the contract, then please notify us by email or telephone.
7.2 If you are ending the contract once works have commenced for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
(a) we have told you about an upcoming change to the services which you do not agree to (see clause 5.2);
(b) 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;
(c) there is a risk the services may be significantly delayed because of events outside our control;
(d) we suspend the services for technical reasons, for a period of more than [3 months]
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within [7] days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
(c) you do not, within a reasonable time, give us access to your property to enable us to provide the services to you.
8.2 If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may write to you to let you know that we are going to stop providing the services. We will let you know at least 1 week in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.
8.4 Any contract may be cancelled by us, at any time prior to the commencement of the vehicle repair work; following a vehicle assessment or following a pre-work inspection; or if we discover any corrosion to the
vehicle. If we wish to cancel the contract, then we will notify you in by email or telephone using the contact details we have for you
8.5 It is your responsibility to inform us of any previous repairs or non-original finishes on the vehicle. If repair issues arise due to a previous repair or non-original finish (whether you inform us or not) we reserve the right to void this contract. In this case, we will not be obliged to complete or rectify any repair(s) and you will not be obliged to make payment. We have the right to void this contract, in these circumstances, even if the you are not aware of any non-original finishes to the vehicle
IF THERE IS A PROBLEM WITH THE SERVICES
9.1 We guarantee the standards of our workmanship for 3 years. The guarantee is a formulation and application guarantee: that the finish will not degrade due to the paint being improperly mixed or applied by us. This means that we will repair, free of charge to you, any defect caused by any failings in our workmanship. This does not affect your statutory rights.
9.2 Alloy wheel repairs are covered by a six-month guarantee unless otherwise stated and are subject to the above exceptions.
9.3 Stone chip touch ins and any other repairs identified to you as an ‘improvement’ do not constitute a repair and are not covered by the guarantee. The level of improvement is not guaranteed, and it will not be undetectable against the original finish.
9.4 The guarantee is not transferable.
9.5 No guarantee is offered against damage to the finish due to corrosion or rust (whether or not it was evident before the repair was carried out; Failure of the surface to which the repair is applied (i.e. as the result of a previous repair); Further accident or impact (including but not limited to stone chipping) or inappropriate aftercare, contrary to instructions supplied upon completion of the repair(s), including but not limited to washing the vehicle within three days of completion of work, the use of pressure washers or corrosive cleaning agents, i.e. acidic alloy wheel cleansers.
9.6 In the event of a claim, you must produce a copy of the paid invoice, no guarantee claim shall be considered without the appropriate paperwork. Your statutory rights are not affected. Any refund or liability shall be limited to the maximum of the value indicated for the repair on the estimate or invoice.
9.7 We reserve the right to carry out the service again to rectify any issues with the repair, if this is not possible a partial or full refund may be offered. Rectification attempts by you or a 3rd party are not covered without prior written consent from us. Any refund or liability shall be limited to a maximum of the amount quoted upon the estimate or invoice. We will not be held liable for any consequential loss incurred as the result of a repair. In the unlikely event there is any defect with the services:
(a) if remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience to you we will refund the price you have paid for the services.
(b) in all other circumstances we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within [1 month].
9.8 If you have any questions or complaints about the services, please contact Debs on 01242 700310 or by email at info@ddv.ltd and we will do our best to resolve the matter.
9.9 In average conditions a good quality aftermarket repair will be unlikely to be identified by a layperson who is aware of the repair undertaken. It is not possible to replicate an automotive factory finish which is machine sprayed to tolerances beyond human capability. We discharge our obligations under any repair agreement by providing high-quality aftermarket repair hand completed by trained technicians. For vehicles on a Lease/Hire contract, repairs are carried out to a standard that would pass a casual inspection to BVLRA fair wear and tear standards. End of lease inspectors may, as trained experts in their field, be able to identify repairs, we cannot guarantee passing inspection from a trained vehicle assessor specifically looking for repairs either visually or by method of using a paint depth gauge. We take no responsibility for onward charges levied by lease companies.
9.10 The repair system includes elements (including but not limited to factory paint reproduction information) that are provided by a third party. Finish, including but not limited to, colour match, may be approximate only when limitations of such third party elements prevent a more precise finish. In such a case, provision by us of an approximate finish will be considered to constitute a good quality repair
PRICE AND PAYMENT
10.1 Unless otherwise arranged, payment is due in full upon completion of the repair.
10.2 Payment may be made by cash, cheque, debit/credit card or bank transfer. Please note we are unable to process payment by American Express
10.3 If the repair is being paid for by a third party then payment must be received before work begins (unless otherwise agreed). If we have agreed to accept payment on a trade/insurance basis then payment will be required within 30 days of completion of the repair and we require an agreement in writing with purchase order or reference number.
10.4 If you think an invoice is wrong please contact us promptly to let us know.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.2 If we damage the vehicle, we can arrange its repair at no cost to you. If you organise a repair yourself without our prior written approval, we do not guarantee to pay the costs you incur. We reserve the right to assess the reasonableness of such costs.
(a) we are not responsible for the cost of repairing any pre-existing faults or damage to the vehicle that we discover while providing the services
(b) Our total liability to you in relation to such damage is limited to: the total cost of repairing any damage we cause to the vehicle; plus for any period where the vehicle will be unavailable for use for more than 1 day, the cost to us of providing reasonable alternative means of transport or a replacement vehicle of our choice (acting reasonably), whichever costs us less;
(c) Unless we have written to you to confirm otherwise before we begin work, we will not reimburse or compensate you for stress or emotional upset or inconvenience or loss of revenue, loss of income or loss of use of the vehicle or loss of business or profits or indirect or consequential or pure economic loss suffered by you as a result of such damage.
HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to us to:
(a) provide the services;
(b) process your payment for such services; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
12.3 We will take all reasonable precautions to keep the details of orders and payments secure. We will adhere to the principles of the Data Protection Act 1998 to uphold your privacy and protect the personal data provided by you.
12.4 You accept and acknowledge that our privacy and security policy shall apply to all dealings between you and us. You agree and accept the use of cookies as set out in our privacy and security policy in relation to your use of the website
OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under these terms to another organisation.
13.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Terms of Business
Definitions:
In these Conditions, the following words shall have the following meanings:-
“Guarantee” is as detailed in paragraph 9;
“Improvement” Is as detailed in paragraph 9;
“Payment” Is as detailed in paragraph 10;
“Cancellation Rights” Is as detailed in paragraph 7
“Booking Date” Is as detailed in paragraph 3;
"Appointment" means an appointment to carry out the vehicle repair work on the vehicle;
"Conditions" means the terms and conditions set out in this document and in the Order Confirmation. Where any terms here conflict with any terms in the Order Confirmation the terms in the Order Confirmation will take precedence;
"Contract" means the contract under which we will carry out the vehicle repair work ;
"Pre-Work Inspection" means an assessment of the state and condition of the Vehicle made immediately prior to the commencement of any vehicle repair work ;
"private persons" means private individuals and other persons but excluding any organisations with whom we have any overarching commercial agreement relating to the repair of Vehicles;
“Customer” Is a private individual or a company;
"Privacy and Security Policy" means the policy with that name accessible on the Website;
"vehicle" means the vehicle in relation to which we are to provide the vehicle repair work ;
"vehicle assessment" means an appointment to assess the vehicle as to its suitability for us to carry out the vehicle repair work on the vehicle;
“Estimate” Is as detailed in paragraph 3;
“Repair(s)” Is as detailed in paragraph 6;
“Service” Is the work carried out to provide Repair(s).
"we" means DDV Smart Solutions Ltd and "our" and "us" shall be construed accordingly.
“DDV” Is DDV Smart Solutions Ltd or its employee(s) from whom the Customer obtains an Estimate and/or authorises to carry out Repairs;
"Website" means the website at www.ddv.ltd
"you" means the person contracting with DDV Smart Solutions Ltd under these Conditions and "your" and "yourself" shall be interpreted accordingly.
For information relating to complaints, we refer you to Clause 9
Unless the context clearly indicates another intention, a reference to any gender includes other genders and the singular includes the plural and vice versa;
The contract to carry out work detailed on an Estimate is between the Customer and DDV Smart Solutions Ltd: no term hereof shall be enforceable by a third party (as defined in the Contracts (Rights of Third Parties) Act 1999 (under the provisions of the Act). When we use the words "writing" or "written" in these terms, this includes emails.