INS I NEED SERVICE
TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which sellers on our website will supply products or services to you if you are the consumer or the recipient of such products or services, whether these are goods, services or digital content and on which we provide our website trading platform to you. These terms also apply to you if you are a seller on our website and govern your obligations in relation to goods, services or digital content you sell on the platform, both to us and any customer to whom you sell goods, services or digital content via our website.
1.2 Why you should read them. Please read these terms carefully before you submit your order to a seller on our website or otherwise engage the services of any supplier on our website or enter into any transaction facilitated by our website. These terms tell you who we are, how or sellers on our website will provide products or 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. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 Are you a business customer or a consumer. In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms, together with any other terms made known to you at the time you by the seller or service provider at the time you are presented with any offer or quote, constitute the entire agreement between you, us and the seller in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are MiMo Consulting Limited a company registered in England and Wales. Our company registration number is 09623425 and our registered office is at 72 Great Suffolk Street, London, England, SE1 0BL. Our registered VAT number is GB221393435.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01322478861, by writing to us at the address above or sending an email to info@ineedservice.com.
2.3 How we may contact you. If we have 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 when you registered to use our services.
2.4 “customer” means any person who purchases or orders products, services and/or digital content from a seller on, via or in connection with the website.
2.5 “seller / service provider” means any individual or corporate entity which sells of or offers for sale any product or provides any service on or via our website.
2.6 “website” means the website displayed on https://ineedservice.com or any similar or replacement URL from time to time.
2.7 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails and our internal messaging system on our website.
2.8 “you” and “your” and related pronouns mean you as a customer or a seller on our website as the case may be.
3. OUR CONTRACT WITH YOU
3.1 How your order will be accepted. The customer’s acceptance of any offer from a seller will take place when the customer confirms the quotation provided on the website, at which point a contract will come into existence between the customer and the seller.
3.2 Inability to complete your order. If the seller is unable to perform your order, they will inform you of this in writing and will not charge you for the product in question.
3.3 Customer Cancellation. Once a customer accepts any quote from a seller, the contract becomes binding between the parties. If a customer cancels an order at any time following the acceptance of an order:
(a) if the customer is a business customer, the customer may be required to pay a cancellation fee up to the total price of the products and/or services ordered;
(b) if the customer is a consumer, the customer may be required to pay the seller an amount of money up to the value of the products and/or services ordered in compensation of any expense suffered in performance of any contract entered into between the seller and customer if the products ordered are of a type which cannot be returned (in accordance with applicable consumer law) or where the services have already been performed in whole or in part.
3.4 Seller Cancellation. In the event that the Seller cancels any order following acceptance of the order (other than through no fault of the Seller), the Seller shall pay to I Need Service Limited an amount of money equivalent to 10% of the total price of the products and/or services ordered in compensation for the administrative expense and additional consequence following cancellation.
3.5 Our website is limited to the UK. Our website is solely for the promotion of products by sellers to individuals in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. PRODUCTS AND SERVICES
4.1 Products and services depicted on our website may vary slightly from their pictures. The images of the products or services on our website are for illustrative purposes only. Your product or services may vary slightly from those images
4.2 Individual variation. The packaging or presentation of any products or services may vary from that shown in images on our website.
4.3 Making sure your information is accurate. Wherever you are required to provide information, details, measurements or specifications to the seller in order for them to provide you with the products or services that you have ordered, you must ensure that all such information provided is accurate, complete and up to date and you shall be responsible for the consequences of any failure to provide such information.
4.4 Complete descriptions. You must ensure that when describing a job request as a customer on our website that you provide as much information as possible in order to best allow the seller to accurately quote for your requested products or services and to better provide the products or services sought.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the products or services you have ordered via our website please contact the seller . The seller will let you know if the change is possible. If it is possible the seller will let you know about any changes to the price of the product, the timing of supply 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.
6. OUR OR THE SELLER’S RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We or the seller may change the products and/or service:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
6.2 More significant changes to the products and these terms. In addition, as the seller has informed you in the description of the product on our website, the seller may make the following changes to these terms or the product, as may the seller, but if the seller does the seller will notify you and you may then contact the seller to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.3 Updates to digital content. The seller may update or require you to update digital content, provided that the digital content shall always match the description of it that the seller provided to you before you bought it.
7. PROVIDING THE PRODUCTS OR SERVICES
7.1 Delivery costs. The costs of delivery, if any, will be as displayed to you on our website or in the course of the order process.
7.2 When we will provide the products. During the order process the seller will let you know when they will provide the products or services to you. If the products or services are ongoing services or subscriptions, the seller will also tell you during the order process when and how you can end the contract.
(a) If the products are goods. If the products are goods, the seller will deliver them to you as soon as reasonably possible within the timeframe specified in the seller’s quote, and in any event within 30 days after the day on which we accept your order.
(b) If the products are one-off services. The seller will begin the services on the date set out in the order, on the date described in the seller’s quotation. The estimated completion date for the services is as told to you by the seller in the seller’s quotation during the order process.
(c) If the product is a one-off purchase of digital content. The seller will make the digital content available for download by you as soon as they accept your order.
(d) If the products are ongoing services or a subscription to receive goods or digital content. The seller will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 8 or the seller ends the contract by written notice to you as described in Clause 10.
7.3 Seller not responsible for delays outside our control. If the seller’s supply of the products is delayed by an event outside the seller’s control then the seller will contact you as soon as possible to let you know and the seller will take steps to minimise the effect of the delay. Provided the seller does this, the seller will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact the seller to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products or to receive the services from the seller’s premises, you will need to arrange collection times with the seller directly.
7.5 If you are not at home when any product is delivered or any service is provided. If no one is available at your address to take delivery and the products cannot be posted through your letterbox or the services cannot be otherwise provided, the seller’s own terms and conditions will govern the steps to be taken to arrange a new delivery, collection or supply of services.
7.6 If you do not re-arrange delivery. If you do not collect the products or receive services from the seller as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, the seller will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite the seller’s reasonable efforts, the seller is unable to contact you or re-arrange delivery, supply collection, the seller may end the contract and Clause 10.2 will apply.
7.7 If you do not allow the seller access to provide services. If you do not allow the seller access to your property to perform the services as arranged (and you do not have a good reason for this) the seller may charge you additional costs incurred by the seller as a result. If, despite our reasonable efforts, the seller is unable to contact you or re-arrange access to your property, the seller may end the contract and Clause 10.2 will apply.
7.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time the seller delivers the product to the address you gave us or the seller or you or a carrier organised by you collect it from the seller.
7.9 When you own goods. You own a product which is goods once the seller has received payment in full.
7.10 What will happen if you do not give required information to the seller. The seller may need certain information from you so that they can supply the products to you. If so, this will have been stated by the seller in the description of the products or services on our website. The seller will contact you to ask for this information. If you do not give the seller this information within a reasonable time of the seller asking for it, or if you give the seller incomplete or incorrect information, the seller may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate the seller for any extra work that is required as a result. The seller will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving the seller the information we need within a reasonable time of us asking for it.
7.11 Reasons the seller may suspend the supply of products or services you. The seller may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product or service to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product or service as requested by you or notified by the seller to you (see Clause 6).
7.12 Your rights if the seller suspends the supply of products or services. The seller will contact you in advance to tell you they will be suspending supply of the product, unless the problem is urgent or an emergency. If the seller has to suspend the product for longer than 1 month in any 3 month period, the seller will adjust the price so that you do not pay for products while they are suspended. You may contact the seller to end the contract for a product if the seller suspends it, or tells you the seller is going to suspend it, in each case for a period of more than 1 month in any 3 month period and the seller will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 The seller may also suspend supply of the products or services if you do not pay. If you do not pay the seller for the products when you are supposed to (see Clause 14.4) and you still do not make payment within 2 days of the seller reminding you that payment is due, the seller may suspend supply of the products until you have paid the seller the outstanding amounts. The seller will contact you to tell you they are suspending supply of the products. The seller will not suspend the products where you dispute the unpaid invoice (see Clause 14.7). The seller will not charge you for the products during the period for which they are suspended. As well as suspending the products, the seller can also charge you interest on your overdue payments (see Clause 14.6).
7.14. Completion of order. Once any order for products or services is fulfilled, both the seller and the customer shall notify I Need Service Limited that the order is completed.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with the seller. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how the seller is performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have received is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 12 if you are a consumer and Clause 13 if you are a business;
(b) If you want to end the contract because of something the seller has done or has told you they are going to do see Clause 8.2;
(c) If you are a consumer and have just changed your mind about the product or service, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you may have to pay the costs of return of any goods;
(d) In all other cases (if the seller is not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.7.
8.2 Ending the contract because of something the seller has done or is going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and the seller will refund you in full for any products or services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) the seller has told you about an upcoming change to the products or services or these terms which you do not agree to (see Clause 6.2);
(b) the seller has told you about an error in the price or description of the product or services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside the seller’s control;
(d) the seller has suspended supply of the products for technical reasons, or notify you that they are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something the seller has done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.5 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
8.6 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day the seller emails you to confirm they accept your order. However, once the seller has completed the services you cannot change your mind, even if the period is still running. If you cancel after the seller has started the services, you must pay the seller for the services provided up until the time you tell them that you have changed your mind. You may also have to pay for any wasted costs incurred by the seller in connection with your order in accordance with the seller’s standard terms of business as notified to you when providing a quotation.
(b) Have you bought digital content for download or streaming? If so, you have 14 days after the day the seller emails you to confirm they accept your order, or, if earlier, until you start downloading or streaming. If the seller delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.7 Ending the contract where the seller is not at fault and there is no right to change your mind. Even if the seller is not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay the seller compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where the seller is not at fault and you are not a consumer who has changed their mind, please contact the seller. The seller may require and you must provide a full explanation of the reason why the services or goods are no longer required, and the seller shall reserve the right to demand compensation from you in a sum not exceeding the total price for the products and/or services. The seller and the customer shall agree in good faith a fair compromise for a cancelled order in such circumstances.
9. HOW TO END THE CONTRACT WITH THE SELLER (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell the seller you want to end the contract. To end the contract with the seller, please let the seller know by doing one of the following:
(a) Phone or email. Contact the seller via the phone number or email address they have provided on our website or on their website.
(b) Online. Sending us an email.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to the seller. You must either return the goods in person to where you bought them, post them back to the seller at the address they inform you the goods should be returned or (if they are not suitable for posting) allow the seller to collect them from you. Please ask the seller’s customer services or email them for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling the seller that you wish to end the contract.
9.3 When the seller will pay the costs of return. The seller will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because the seller has told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside the seller’s control or because you have a legal right to do so as a result of something the seller has done wrong;
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What the seller charges for collection. If you are responsible for the costs of return and the seller is collecting the product from you, the seller will charge you the direct cost to them of collection. The costs of collection will be the prices they have indicated to you or, if they have not indicated any different prices, they will be the same as the seller’s charges for standard delivery.
9.5 How we will refund you. If you are entitled to a refund under these terms the seller will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, the seller may make deductions from the price, as described below.
9.6 When the seller may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) The seller may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If the seller refunds you the price paid before the seller is able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay the seller an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the seller offers. For example, if the seller offers delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then the seller will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, the seller may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told the seller you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. The seller will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and the seller has not offered to collect them, your refund will be made within 14 days from the day on which the seller receives the product back from you or, if earlier, the day on which you provide the seller with evidence that you have sent the product back to them. For information about how to return a product to us, see Clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling the seller that you have changed your mind.
10. THE SELLER’S RIGHTS TO END THE CONTRACT
10.1 The seller may end the contract if you break it. The seller may end the contract for a product or service at any time by writing to you if:
(a) you do not make any payment to the seller when it is due and you still do not make payment within 2 days of the seller reminding you that payment is due;
(b) you do not, within a reasonable time of the seller asking for it, provide the seller with information that is necessary for the seller to provide the products or services;
(c) you do not, within a reasonable time, allow the seller to deliver the products or services to you or collect them from the seller; or
(d) you do not, within a reasonable time, allow the seller access to your premises to supply the services.
10.2 You must compensate the seller if you break the contract. If the seller ends the contract in the situations set out in Clause 10.1, the seller will refund any money you have paid in advance for products the seller has not provided but the seller may deduct or charge you reasonable compensation for the net costs the seller will incur as a result of your breaking the contract. Additionally, I Need Service Limited may charge a 20% cancellation fee if you break an agreement with the seller or if you attempt to cancel the contract when your statutory rights and this contract do not permit you to do so.
10.3 The seller may withdraw the product. The seller may write to you to let you know that the seller is going to stop providing the product. The seller will let you know at least 15 days in advance of the seller stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell the seller about problems. If you have any questions or complaints about the product, please contact the seller. Please note that customers will also have the option to leave feedback in a seller’s online portfolio on our website.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer, the seller is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
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Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also Clause 8.3. If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: a) If your digital content is faulty, you’re entitled to a repair or a replacement. b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation See also Clause 8.3. If your product is services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says: a) You can ask the seller to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time. See also Clause 8.2.
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12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to the seller or (if they are not suitable for posting) allow the seller to collect them from you. The seller will pay the costs of postage or collection. Please contact the seller by phone or by email for a return label or to arrange collection.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer the seller warrants that on delivery, and for a period of 12 months from the date of delivery any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by the seller.
13.2 Subject to Clause 13.3, if:
(a) you give the seller notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 13.1;
(b) the seller is given a reasonable opportunity of examining such product; and
(c) you return such product to the seller at the seller’s cost,
the seller shall, at their option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 The seller shall not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow the seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of the seller following any drawing, design or specification supplied by you;
(d) you alter or repair the product without the seller’s written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this Clause 13, the seller shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by the seller under Clause 13.2.
14. PRICE AND PAYMENT
14.1 Where to find the price for the product or service. The price of the product or service (which includes VAT) will be the price indicated on the seller’s quotation for the job you requested. The seller shall take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if the seller discovers an error in the price of the product you order.
14.2 The seller will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date the seller supplies the product, the seller will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if the seller got the price wrong. It is always possible that, despite the seller’s best efforts, some of the products or services the seller sells may be incorrectly priced. The seller will normally ensure that its prices are correct before providing a quotation so that, where the product’s correct price at your order date is less than the seller’s stated price at your order date, the seller will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, the seller will contact you for your instructions before the seller accepts your order. If the seller accepts and processes your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, the seller may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. The seller shall inform you of the method and timing of payment in the quotation. In the absence of specific instructions of the seller in the quotation, when you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before the seller dispatches them. The seller will not charge your credit or debit card until they dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
(c) For services, you must make an advance payment before the seller starts providing them (such amount to be confirmed by the seller). The seller will invoice you for the balance of the price of the services when they have completed them. You must pay each invoice within 30 calendar days after the date of the invoice.
14.5 Seller’s right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to the seller under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 The seller can charge interest if you pay late. If you do not make any payment to the seller by the due date, the seller may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc 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 the seller interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact the seller promptly to let them know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved the seller will charge you interest on correctly invoiced sums from the original due date.
15. THE SELLER’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 The seller is responsible to you for foreseeable loss and damage caused by them. If the seller fails to comply with these terms, they are responsible for loss or damage you suffer that is a foreseeable result of their breaking this contract or their failing to use reasonable care and skill, but they are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the seller and you knew it might happen, for example, if you discussed it with the seller during the sales process.
15.2 The seller does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the seller’s negligence or the negligence of the seller’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 12.1 or including the right to receive products which are: as described and match information the seller provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to the seller; supplied with reasonable skill and care and, where installed by the seller, correctly installed; and for defective products under the Consumer Protection Act 1987.
15.3 When the seller is liable for damage to your property. If the seller is providing services in your property, the seller will make good any damage to your property caused by the seller while doing so. However, the seller is not responsible for the cost of repairing any pre-existing faults or damage to your property that the seller discovers while providing the services.
15.4 When the seller is liable for damage caused by defective digital content. If defective digital content which the seller has supplied damages a device or digital content belonging to you and this is caused by the seller’s failure to use reasonable care and skill, the seller will either repair the damage or pay you compensation. However, the seller will not be liable for damage which you could have avoided by following their advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by the seller.
15.5 The seller is not liable for business losses. If you are a consumer, the seller only supplies the products for to you for domestic and private use. If the seller uses the products for any commercial, business or re-sale purpose, the seller’s liability to you will be limited as set out in Clause 16.
15.6 I Need Service Limited is not liable for products or services. All parties accept, acknowledge and agree that I Need Service Limited is an online marketplace provider, is not involved in the provision of products or services from sellers to customers, and that I Need Service Limited shall not under any circumstances be responsible for the consequences of the other parties entering into any agreement for the supply of goods or services.
16. THE SELLER’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude the seller’s liability for:
(a) death or personal injury caused by the seller’s negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to Clause 16.1:
(a) the seller shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between the seller and you; and
(b) the seller’s total liability to you for all other losses arising under or in connection with any contract between you and the seller, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £1000 and fifty per cent (50%) of the total sums paid by you for products under such contract.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 How we will use your personal information. We will only use your personal information as set out in our privacy policy: https://ineedservice.com/privacy-policy.
17.2 How sellers will use your personal information. A seller will use your personal information in accordance with their privacy policy which you can find on their website.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Sellers and customers who use our platform have rights under this contract. Where a term of this contract expressly confers a benefit on a seller or a customer, they shall have the right to enforce its terms against another seller or customer respectively, including you in your capacity as a seller or a customer as the case may be. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide our products or services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we or a seller have handled any complaint, you may want to contact the alternative dispute resolution provider the seller uses. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
18.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
19.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with any of these terms that apply to us (I Need Service Limited – rather than the seller), we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill to the minimum extent permitted by law, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process or signing up and registering for an account on our website. Please note that we are merely an intermediary platform allowing parties to trade and therefore are not liable in any way whatsoever for the goods, services and/or digital content provided by any sellers on the platform nor do we give any warranty, whether express or implied, as to whether such services are fit for purpose or whether they will be suitable for your particular requires or any other warranty or representation whatsoever and you indemnify us in respect of any losses, costs, expenses or liabilities we suffer or incur as a result of your breach of these terms.
19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights including the right to receive services which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed. However, we otherwise exclude any and all liability to you for any losses, damages, costs or liabilities you suffer or incur in connection with our website or the use of the services thereon to the maximum extent permitted by law.
20. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
20.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
20.2 Except to the extent expressly stated in Clause 13.1 (mutatis mutandis) all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
20.3 Subject to Clause 20.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £1000.
21. FEES PAYABLE TO US IN CONNECTION WITH THE WEBSITE
21.1 If you are a customer, there are no fees payable to us to access or use the website.
21.2 If you are a seller on our website or register to become a seller, you shall pay the fees advertised on the website from time to time which, unless otherwise indicated, shall be exclusive of VAT and payable on a monthly or annual basis.
THE SCHEDULE
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate