|"Acceptance Email"||means the email triggered by the Service Provider if the Service provider wishes to accept your offer to hire a Container to you|
|"Container"||means skips, containers, plant or goods that have been or are to be hired by the Customer though the Website|
|"Contract"||means the contract consisting of the Order, the Acceptance Email and these terms and conditions concluded by Acceptance Email|
|"Customer"||means the person or the company requesting the Container by submitting the Order|
|"Drop off Location"||means the Drop off Location specified by the Customer in the Order where the Container is to be placed|
|"Initial Fee"||means the fee payable to us on placing the Order, as stated on the Website|
|"Order"||means the order submitted by the Customer through the Website process and communicated to us electronically by clicking on the 'Order Now' button|
|"Price"||means the fee payable for the hire of the Container as stated in the Order|
|"Recipient"||means the Customer or an individual nominated to represent the Customer in the Order|
|"Service Provider"||means the provider of the Container as identified in the Acceptance Email|
|"Waste"||means all waste as described by the Customer in the Order excluding the items describe in clause 18|
|"Working Hours"||means 9:00 till 17:00 on any day (other than a Saturday, Sunday or public holiday in England) when banks in England are open for business.|
By placing an Order through this Website, you are agreeing to the following terms and conditions. These terms and conditions do not in any way affect your statutory rights when you Order as a consumer.
In these terms and conditions "you", "your" and "yourself" refers to the Customer and "we", "our" and "us" refers to Yellowskips.com Ltd, Company No: 6911374 Broker of Controlled Waste Registration No. CB/UE5837AN with registered offices at Premier House, 209-211 Walsall Road, Perry Barr, Birmingham, B42 1BS.
We will provide you with an online market place to enable you to access hire charges for the supply of various Containers by suppliers. When you place an Order we will arrange, on your behalf, the hire of the Container between yourself and the Service Provider. However, we do not assume any responsibility or liability for the acts or omissions, of any Service Provider.
These terms and conditions shall apply to:
1) The hire of Container between you and the Service Provider, and
2) The arranging of such hire through us.
These terms and conditions shall not be overridden or amended by any terms and conditions of the Customer or the Service Provider.
1.1 When you submit your Order to us through this Website you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing elsewhere on the Website.
1.2 Your Order to us is an offer which may or may not be accepted but in any event neither we or a Service Provider will be bound by a contract with you until and unless, we have received from you all the payment details we require for the Container ordered by you, your Initial Fee to us has been authorised by your card issuer or we are otherwise happy with the payment situation and an Acceptance Email has been issued. Notwithstanding any Acceptance Email your Order will not be processed by the Service Provider unless the Price less the Initial Fee has been paid in full directly to the Service Provider or an alternative arrangement has been made with the Service Provider directly.
1.3 Where it is decided to accept your Order it will be accepted by an Acceptance Email confirming your details, provided you have supplied us with a correct e-mail address, which is most important. The Acceptance Email will provide an Order reference number for any future correspondence. All prices and charges will be calculated of those ruling at the time at which the Acceptance Email is sent to you. Prices and other charges including any applicable delivery charge are shown on our Website.
1.4 The Acceptance Email being sent to you means that the Service Provider concerned has agreed to supply to you the Container described on the Order.
1.5 For your Order to be processed and the Container delivered you must supply us with all the relevant details we request, including a Drop off Location, full delivery details, postcode and telephone number and email address. You are entirely responsible for the Drop off Location being in fact suitable for the placing and use of the Container.
1.6 At our or our Service Provider's discretion we or our Service Provider may from time to time, offer products at discounted prices. These offers are valid from the time that we or our Service Providers introduce them to the end date of the offer, subject to availability and they cannot be used for purchases before the offer introduction date or after the offer end date.
1.7 In the event that you have made a purchase and the price of a container type falls or is discounted due to a special offer; the price of the container type at the time you place your Order shall prevail. We are unable to offer special offer discounts for purchases that have already been made at other prices. We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. We also reserve the right to offer different personalised special offers and promotions and it will therefore only be possible for the Customer in receipt of the special offer to redeem the discount.
1.8 Offers and Containers displayed on our Website are always subject to availability that may change without notice.
1.9 The Service Provider is not our agent or subcontractor, our role is to facilitate your introduction to a Service Provider.
2.1 The Initial Fee is to be paid by you to us immediately on placing your Order.
2.2 Unless an alternative arrangement has been made with the Service Provider directly the balance of the Price is to be paid in full to the Service Provider no later than 48 hours before the requested delivery of the Container.
2.3 Payment of the Initial Fee may be made by any of the methods indicated on the payment page of our Website and will be debited when you submit your Order. Payment must be made in £s sterling.
2.4 Occasionally credit cards that are entered correctly and have sufficient funds are not validated because the card issuer is performing a random security check. In these cases, we will need to take payment over the phone. We will email or call you in these circumstances. If you receive a message to tell you that payment has not been validated, please contact our customer service team immediately at firstname.lastname@example.org to ensure your Order can be attended to. Please note that attendance by us will normally only take place during usual Working Hours.
2.5 Where an approved credit or debit card transaction has taken place and subsequent payment shortfall arises (e.g. in the case of unsuitable waste); we or the Service Provider may process the balance due for payment on the card you used for the Initial Fee. Similarly, we may process part payments at interim stages of the Contract.
2.6 The Customer will pay all monies outstanding on demand including interest on amounts overdue and will be liable for reasonable legal charges incurred by us or the Service Provider in the recovery of Container and/or any amounts due.
2.7 The Price stated on the Acceptance Email is for the duration of the hire of the Container and include Saturdays, Sundays and Public Holidays.
3.1 If you wish to make any changes to your Order please contact the Service Provider direct. The Service Provider cannot guarantee to accept changes made to your Order but the Service Provider's policy is to allow changes as long they are able to agree with you any consequent changes in price or otherwise. Any change to your Order may affect the price to be paid by you and the Service Provider's acceptance of your requested change will then be subject to any additional price or charge.
3.2 Where you do have a right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000 as amended you must give written notice of cancellation to the Service Provider.
The notice of cancellation should quote your unique order code and sent to the Service Provider's details specified in the Acceptance Email.
3.3 Where you do have the right to cancel you can cancel the Contract within a seven-day period which starts on the day after you receive the Acceptance Email.
3.4 If you cancel the Contract orally, you will need to confirm the oral cancellation in writing and send it to the Service Provider by one of the written means specified in the Acceptance Email.
3.5 The Service Provider reserves the right to cancel the contract where the Container you Order was listed at an incorrect price due to a typographical or administrative error.
3.6 Where you have placed an Order that requests delivery of the Container at a time prior to the expiry of the seven day period mentioned above your right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 shall not apply.
3.7 If you choose to cancel the hire of Container where the right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 does not apply the following charges will be levied:
More than 3 days' notice: 10% of total hire charge,
1 - 3 day's notice: 50% of total hire charge,
Less than 24 hours' notice: 100% of total hire charge
4.1 Our Service Providers will only make deliveries in the mainland of the United Kingdom.
4.2 Provided that there are no problems with your Order or availability of the Container type requested the aim of the service provider is to have the Container delivered on the date requested by you on the Order as stated on the Acceptance Email.
4.3 Unless agreed otherwise with the Service Provider the Container will be collected 5 days after delivery.
4.4 The Service Provider will only deliver the Container to the Drop off Location specified in your Order, if the location identified in the Order is apparently not suitable the Service Provider will not be able to leave it there.
4.5 (a) A Recipient signature will be required for deliveries.
4.5 (b) The Customer warrants that the Recipient signing for delivery has the authority of the Customer to do so on the Customer's behalf.
4.6 Should the Recipient be absent at the time of delivery or if the Drop off Location is not suitable, a failed delivery charge may be made by the Service Provider and you will need to arrange redelivery for the Container direct with the Service Provider.
4.7 Neither we nor the Service Provider accept any liability whatsoever for any delay in deliveries which has occurred due to any circumstances beyond our or the Service Provider's reasonable control.
4.8 Under normal circumstances, the Service Provider will try to ensure that your Container is delivered to the Drop off Location you provide. However, there are times when this is not possible due to problems with the address information or other difficulties. To alleviate such problems please:
- Ensure that the Drop off Location you provide is full and accurate, including the address and postal code where applicable,
- Give additional instructions to assist with difficult-to-find addresses,
- Keep us informed if you find that the Drop off Location or Recipient's availability changes prior to the Order being delivered.
Neither we or the Service Provider will be responsible for any Orders which are not delivered or other problems or consequences that arise due to incorrect or incomplete information being supplied by you or due to the absence of a Recipient authorised to sign by way of acknowledging receipt of the Container.
4.9 Where the Service Provider has to attempt re-delivery the Service Provider has the right to levy a redelivery charge at the Service Provider's standard rates.
4.10 The Price includes carriage and delivery. A maximum of 30 minutes attendance by the delivery vehicle at the Drop off Location specified by the Customer is included. The Customer will pay for further time at the Service Provider's standard rates.
5.1 The Service Provider reserves the right to provide a larger Container than specified in your Order at no additional charge provided that the substitute Container is no larger than is appropriate for the Drop off Location.
6.1 Neither we, nor any Service Provider that we use shall be liable for any failure or delay in performance where such failure or delay results from any circumstances outside our reasonable control, including, but not limited to, any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
At the checkout, we ask for the following personal information:
Customer email address - we use this information for the purpose of order acceptance, informing you of the order status and in the event that we need to make substitutions,
Customer full name and address - we use this information for credit card validation and for direct mailing (if you have agreed to receipt of these mailings) and of course for delivery,
Customer telephone number (and mobile number) - we use this information to contact you in the event of problems with the order such as payment failures or delivery problems,
Recipient full name and address - if different from the customer address,
Recipient telephone number (and mobile number) - if different from the customer telephone number.
8.1 Although the Service Provider does its best to ensure that this does not happen, on rare occasions, Containers that arrive at their destination may not be to the specification ordered. If you or the Recipient receive a Container that does not accord with the description in the Acceptance Email please contact the Service Provider immediately.
8.2 In order to resolve any complaints quickly, we request that you make any complaint within 48 hours of the date of delivery of the Container concerned.
8.3 Any complaints should be made to the Service Provider using the contact details from the Acceptance Email.
8.5 The Recipient or Customer signing on delivery of the Container has been afforded an opportunity to inspect the Container that is deemed to be in working order and free from damage at the time of signature.
For the purposes of this clause 9 only references to "we" , "our" and "us" refers to Yellowskips.com Ltd and the Service Provider
9.1 We use our reasonable endeavours to ensure that our Website and/or the services we provide through it (Services) are fully operational and error-free but we cannot guarantee this and, therefore, accept no responsibility for any errors, defects and/or interruption of the Website or Services.
9.2 We accept liability for death and/or personal injury arising from our negligence or from that of our employees, servants or agents and for all liability arising from any fraudulent representation we may make and any other liability to the extent that under the applicable law we are not entitled exclude or limit such liability.
9.3 Subject to clause 9.2 but without prejudice to clauses 9.4 or 9.5 , our liability (and that of our agents, subcontractors and employees) to you in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order placed with us or in connection in any way with the Container(s) concerned shall be limited to the sum of £100,000.00.
9.4 Subject to clause 9.2 and to the full extent permitted by the applicable law we exclude all liability for any and all claims, losses, demands and damages, including without limitation, loss of profits, loss of contracts or business opportunity, loss of data and any consequential, incidental, special losses or damage, even if we have been advised of the possibility of such damages, and any and all costs connected with any of the same , which you may suffer or incur arising directly or indirectly out of or in any way connected with your use or possession of the Container concerned or your inability to access the Website and/or the Services, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect any statutory rights which you may have whether as a consumer or otherwise and which cannot be excluded in relation to the quality, fitness or description of the Container supplied.
9.5 Subject to clause 9.2 and without prejudice to clause 9.4 we shall not be liable for any indirect or consequential losses, expenses, liabilities, claims or proceedings whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability or repossession of the Container, or any breakdown or defect in the Container.
10.1 Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. Material on this Website may be out of date, and we do not make any commitment to update this material.
10.2 The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind (whether express or implied) which are excluded to the full extent allowed by the applicable law.
10.3 Save as expressly provided, all warranties, conditions or other terms implied by statute, trade practices or common law are excluded to the fullest extent permitted by applicable law
11.1 You may not modify any contents of this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used other than for the intended purpose. You may not publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website without our prior written permission which we may withhold at our sole discretion. You may download and keep for your record purposes details of the products you have ordered, your order page and these terms and conditions.
11.2 Links to third party websites on this Website, if any, are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
11.3 If you would like to create a link to this Website you may not do so without our express prior written agreement which we may withhold at our sole discretion. In any event we expressly reserve the right to revoke any right which we grant to link to this Website at any time for any reason and to take any action that we deem appropriate.
12.1 You may not post on or transmit to this Website anything which:
12.1.1 is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data),
12.1.2 involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.
13.1 You will conform with all statutory enactments and regulations and byelaws and regulations of local or other statutory authorities that apply to the Container or the Waste.
13.2 You shall not and shall not allow any third party to:
13.2.4 Place or cause to be placed in the Container any thing other than Waste,
13.2.5 Overload the Equipment. Section 34 of the Environment Act 1990 states that any person who produces waste is bound by a duty of care '...to prevent the escape of waste, that is, to contain it.' Container therefore must not be loaded above its maximum capacity. In the case of a skip, that is, not higher than the sides of the skip. It is illegal to transport an overloaded skip,
13.2.6 Set fire to the contents of the Container,
13.2.7 Interfere with the mechanism of the Container,
13.2.8 Add on or attach to the Container any painting, sign-writing, lettering or advertising,
13.2.9 Remove, deface or conceal any nameplate or mark indicating the owner of the Container and afford at all reasonable times access to the Container to inspect or repair such nameplates or marks,
13.2.10 Move the Container from its point of delivery on site by any method whatsoever,
13.2.11 Continue to use the Container where it has been damaged and will notify the Service Provider immediately if the Container is involved in an accident resulting in damage to the Container, other property and/or injury to any person,
13.2.12 Place any items described in clause 18 into the Container.
13.3 You will:
13.3.4 take reasonable care of the Container and only use it for its proper purpose in a safe and correct manner and will notify the Service Provider immediately after any loss and or damage to the Container,
13.3.5 Take adequate and proper measures to protect the Container from theft , damage and/or other risks,
13.3.6 Return the Container in good working order and condition (fair wear and tear excepted) and otherwise in accordance with these Terms and Conditions
14.1 You must immediately notify both the Service Provider and the police of any loss or theft of the Container.
14.2 If a Container is reported stolen, it must be accompanied with an incident number obtained from the police in order to terminate the hire.
15.1 You shall not sell or otherwise part with possession and/or control of the Container and shall remain responsible for the Container and its safekeeping during the hire period.
16.1 You shall provide a precise and accurate location for the delivery of the Container ( the Drop off Location ) and shall not remove the Container from the place where it is deposited without the express written authority of the Service Provider.
16.2 You are responsible for the provision of free and suitable access to and from the Drop off Location site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the siting of any Container.
16.3 Neither we nor the Service Provider responsibility will be accepted for damage to the Drop off Location or any surface over which the Container has been moved to reach the Drop off Location and you should therefore take steps to protect surfaces (paving slabs, soft ground and the like) before delivery of the Container.
16.4 You shall ensure that at the time for collection of the Container as specified in the Acceptance Email or as subsequently agreed with the Service Provider that there is sufficient clear space for the Container to be collected. Where the Customer has failed to ensure that there is sufficient clear space for the collection of the container the Customer shall be liable to pay the Service Provider abortive collection charges at the Service Providers standard rate.
16.5 You will ensure that at the time of collection there is a clear space at one end of the Container of not less than two car lengths to give the collection vehicle sufficient access to effect removal. In the event that it proves impracticable to deliver or collect the Container because of inadequate access to the Container you shall be liable to pay abortive delivery or collection costs incurred.
16.6 You are to inform us if the Drop off Location is not located on private property so that the Service Provider may obtain the permissions and permits from the Highway Authority required by the Highway Act. Where you fail to inform us that the Drop off Location is not located on private property you will indemnify us and the Service Provider against all penalties, losses and costs, including legal costs resulting from the failure.
16.7 Where the Drop off Location is not located on private property you will ensure the observation and performance at all times of all the conditions subject to which the such permission/license is granted and in particular will ensure that the Service Provider is notified immediately should the Container is cease to be properly conned and/or lit or the Container is moved or damaged in anyway.
16.8 The Service Provider or we may arrange for the removal or repositioning of the Container if required at anytime to do so by a highway authority or representatives.
16.9 Subject always to clause 9. Where the Drop off Location is located on private property no responsibility will be accepted for damage to any property during delivery and removal and you should therefore take steps to protect any property and highlight any hazards to the Service Provider during delivery and removal of the Container.
17 You shall allow us and or the Service Provider access to the Container at all reasonable times for the purpose of replacement or repossession or inspection.
18.1 The following items shall not be placed in the Container:
a. Substances hazardous to health such as toxic or corrosive materials or liquids
b. Any liquids of any kind whether contained or not
c. Cans, drums or other containers of any kind unless they are empty and crushed so incapable of carrying any liquid
d. Medical waste of animal carcasses of any kind or quantity
h. Electrical Goods i.e. ( Tvs, Videos, Microwaves, Irons, Computers, Kettles etc)
i. Paint Tins Full/Empty
l. Gas Bottles
m. Hazardous Waste i.e. (Oil, solids, rags wipes, filters, mastics, florescent tubes, aerosols glues and resins
n. Gypsum products
o. ANY OTHER HARMFUL, HAZARDOUS, OR TOXIC WASTE.
p. Any other material not listed above however considered unsuitable for containment
e.g. malodorous waste.
This list is not exhaustive, for clarification of any items you wish to dispose of please contact our customer service team on email@example.com or telephone 0800 783 6681
19.1 The Service Provider may terminate the Contract and repossess Container without affecting any rights to recover monies due, damages for breach of contract or other remedies if you:
19.1.1 Fail to make any payment to us or the Service Provider when due,
19.1.2 Breach these Terms and Conditions and, where the breach is capable of remedy, has not been remedied within 1 day of receiving notice requiring the breach to be remedied,
19.1.3 Persistently breach these Terms and Conditions,
19.1.4 Provides incomplete, materially inaccurate or misleading fact and/or information in connection with the hire of the Container,
19.1.5 Pledges, charges or creates any form of security over any Container or ceases or threatens to cease to carry on business or proposes to compound with its creditors, applies for interim moratorium in respect of claims and/or proceedings or has a Bankruptcy petition presented against it, or being a company enters into Voluntary or Compulsory Liquidation, has a receiver, administrator or administrative receiver appointed over all or any of assets, any attachment order is made against the you or any distress execution or other legal process is levied on any of your property,
19.1.6 In the view of the Service Provider appears to be about to suffer any of the events set out above in this clause 19.
19.2 If any of the events set out in clause 19.1 occur in relation to you then we or the Service Provider as the case may be shall without prejudice to any other remedies exercise any or all of the following rights :
19.2.1 The Service Provider may enter, without prior notice any of your premises (or premises of third parties with their consent) where the Container on hire is located and repossess the Container,
19.2.2 The Service Provider may cancel, terminate and/or suspend without liability to you the contract and/or any other contract with you.
19.3 If any of the events set out in clause 19.1 occur in relation to you then without prejudice to any other remedies exercise all monies owed by you to us or the Service Provider shall immediately become due and payable.
19.4 Any repossession of the Container shall not affect our right or that of the Service Provider to recover from you any monies due under the Contract and/or any damages in respect of any prior breach.
Yellowskips.com does not hold, nor store any financial information of any kind.
20.1 We have taken every care in the preparation of the content of this Website, in particular prices and Container descriptions. Nevertheless some Containers may vary from those shown.
20.2 We reserve the right to supplement and amend these Terms and Conditions from time to time. We will post any changes on the Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you make an Order on our Website. Changes will be effective immediately after the posting of such change.
20.3 We reserve the right to suspend, restrict or terminate access to the Website and/or the Services for any reason at any time.
20.4 Orders are only accepted from persons over the age of 18 years and by placing an Order with us you are warranting that you are not below that age.
20.5 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20.6 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy of such person which exists apart from that Act.
20.7 The headings in these Terms and Conditions are for ease of reference only any shall not affect the interpretation and construction of the same.
20.8 Your purchase will be deemed, for all purposes, to have occurred in England. These Terms and Conditions, the relevant arranging of such hire through us and the contract between you and the Service Provider shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
20.9 If placing an Order on behalf of a company or organisation the persons placing an Order warrants that they are authorised to do so on behalf of the company or Organisation.
21.1 Save in respect of fraudulent misrepresentation, this agreement (including any documents referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets out the entire agreement and understanding between you and us relating to the subject matter hereof save for:
21.1.1 the rights which either you or we may have under the Consumer Protection (Distance Selling) Regulations 2000 as amended, and
21.1.2 your statutory rights as a consumer, where you are buying as a consumer, in relation to the quality, fitness or description of the Products supplied.
21.2 These terms and conditions, together with our current Website, set out the whole of our agreement relating to the supply of the Container to you by us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
If you have any questions regarding our terms and conditions or have any comments about our Website, please email us at firstname.lastname@example.org
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