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Fix my build

TERMS & CONDITIONS

1. Background

  1. Please read these Terms and Conditions carefully before using the Website.

    These Conditions explain who we are, how Tradespeople’ Goods and Services will be offered and sold to you, how you or we may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information. These Conditions were last updated in April 2024.

    You will be required to read and accept these Conditions when ordering Goods and Services from Tradespeople. If you do not agree to comply with and be bound by these Conditions, you will not be able to use the Website or order Goods and Services from Tradespeople who use the Website. These Conditions, as well as all Contracts, are in the English language only.

2. Definitions and Interpretation

  1. 2.1 In these Conditions, unless the context otherwise requires, the following expressions have the following meanings

“Applicable Law”
means any law which includes, but is not limited to, consumer law, laws governing the use and operation of the Website; payment transactions; relevant laws applicable to Tradespeople and the Goods and Services that they provide to Customers.
“Customer”; “you” “your”
means individuals who use the Website to request Goods and/or services from Tradespeople.
“Estimate(s)”
means one or more tasks that comprise the work required to complete your Project.
“Fee”
means the fee payable by you to Fix My Build when you accept an Estimate from a Tradesperson.
“Goods and Services”
means goods and services listed in an Estimate provided to you by a Tradesperson.
“Order”
means your order for Goods and Services from Tradespeople.
“Order Confirmation”
means the Tradesperson’s acceptance of your Order for Goods and Services.
“Payment”
“Applicable Law”
means your payment of our Fee for when you accept an Estimate from a Tradesperson through the Website.
“Our Services”
means the services provided by us through the Website to identify Tradespeople who may be able to undertake tasks for your Project.
“Project”
means one or more tasks that you require to be undertaken by Tradespeople.
“Reviews Page”
means the page on which you are able to leave reviews of Goods and Services provided by Tradespeople.
“Tradesperson” “Tradespeople”
means businesses who provide Goods and Services through the Website.
“Website”
means the Website owned by Fix My Build, which provides services to you to enable you to obtain a free Estimate from Tradespeople who can provide Goods and Services suitable for a wide range of work projects.
“we/us/our”
means Fix My Build.
  1. 2.2 Unless the context otherwise requires, each reference in these Conditions to:

    2.2.1 “writing”, and any similar term, includes a reference to any communication by e-mail.

3. Information about us

  1. 3.1 The Website is operated by Fix My Build Limited. We are a limited company registered in England and Wales under company number 14494824. (Fix My Build.)

    3.2 Our VAT number is 434733202.

    3.3 We provide means for you to obtain free Estimates from businesses through the Website and other channels.

4. How to contact us

  1. To contact us with general questions, please email us at [email protected]

    or to contact us by telephone, please call us on 0208 145 5102.

    or to contact us by post, by writing to us at Fix My Build Limited, at Fix my build, PO Box 3335, Mitcham CR4 9FQ..

5. Access to and use of the Website

  1. 5.1 Access to the Website is free of charge.

    5.2 It is your responsibility to make the arrangements necessary in order to access the Website.

    5.3 Use of the Website is subject to the Website Terms and Conditions of Use. Please ensure that you have read them carefully, that you understand them, and that you agree to them. If you do not agree to any of the Website Terms and Conditions of Use, then you must not access or use the Website.

6. Changes to these Conditions

  1. 6.1 We may alter these Conditions from time to time, for example, to reflect changes in Applicable Law and regulatory requirements. If we do so, changes will be notified by messages on the Notifications section of the Website.

    6.2 All changes be become effective 30 days after posting. Continued use of Our Services by you after the effective date of the changes to these Conditions constitutes your acceptance of them.

7. Business customers

  1. These Conditions do not apply to customers purchasing Goods and Services in the course of their business. Please Contact Us if you are a business and wish to use the Website.

8. Setting up an Account, Fee and making Payment

  1. 8.1 You will be able to create an account on the Website in accordance with the following conditions:

    8.2 You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

    8.3 All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

    8.4 We reserve the right to suspend or terminate your account if you are using the Website illegally or if you do not comply with these Conditions.

    8.5 Accounts can be closed via the Website. If you close your account, all of your information including the details of all of your Projects will be permanently deleted. Once your account is closed, we will be unable to recover the information deleted in the future even if you may require this for any reason, including for example, legal purposes.

    Fee and Payment

    8.6 A fee is payable by you when you accept an Estimate from a Tradesperson and at the conclusion of any Milestone(s) where applicable.

    8.7 We accept many payment methods on the Website, including:

    1. 8.7.1 Credit Card;
    2. 8.7.2 Debit Card;
    3. 8.7.3 Google Pay;
    4. 8.7.4 Apple Pay.

    8.8 When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

    8.9 If we believe your payment is not compliant with any Applicable Law, or these Conditions, then we reserve the right to cancel or reverse your transaction.

9. Our Services

  1. 9.1 The Website has been established to help you obtain Estimates from Tradespeople for a wide range of work.

    9.2 As a customer, you can post a description of your Project on the Website.

    9.3 Once posted, your Project will be reviewed by a member of our team, and we will contact you by email or telephone if we have any questions or advice to provide.

    9.4 After our review is completed, the Website sends the details of your Project to relevant Tradespeople who provide the Goods and Services that you require.

    9.5 You will be presented with Estimates from Tradespeople on the Website, and you may or may not decide to engage a Tradesperson to provide the Goods and Services you require.

    9.6 All Tradespeople will publish details of the Goods and Services that they offer, on the Profile Pages on the Website. In addition, Tradespeople will also publish their standard terms and conditions of sale on their Profile Page. It is your sole responsibility to read a Tradesperson’s standard terms and conditions of sale which will govern your contract with a Tradesperson.

    9.7 We are unable to endorse or confirm whether any Tradespeople identified by us are suitable to fulfil your requirements. It is your sole responsibility to engage with the Tradesperson to establish whether or not they can meet your Project requirements prior to you accepting their Estimate sent to you via the Website.

    9.8 We also cannot guarantee the quality or accuracy of Goods and Services made available by Tradespeople, and it will be your responsibility to engage with the Tradesperson to verify the quality of their Goods and Services before you accept the Tradesperson’s Estimate.

    9.9 We do not offer any guarantees or any warranties as to the quality or safety of Goods and Services or that they are legal. All such guarantees and warranties are made by the Tradesperson that you contract with.

    9.10 Once you have accepted an Estimate from a Tradesperson via the Website, a contract will be formed between you and the Tradesperson for the work detailed on their Estimate.

    9.11 Once you accept any Estimate, you will be required to pay a Fee to us. Details of how the fee is calculated is available on our Fees page: www.fixmybuild.com/fees.

    9.12 If an accepted Estimate mentions an initial payment, the initial payment must be paid to the Tradesperson before any work commences.

    9.13 An Estimate can contain one or more Milestones. If a Milestone has an associated cost, the cost is payable by you upon completion of the work detailed under the Milestone.

    9.14 Upon project completion, we provide a means for you to post a review of a Tradesperson’s performance and provide feedback for other prospective customers to see.

    9.15 We reserve the right to reject or modify your proposed Project before publishing on the Website.

10. Your contract with us

  1. 10.1 Fix My Build only provides an intermediation service between Customers and Tradespeople.

    10.2 Fix My Build acts only as an intermediary between you and a Tradesperson, and the supply of any Goods and Services by a Tradesperson to you will be subject to an entirely separate legal contract.

    10.3 If there are any issues with the performance or quality of the Goods and/or Services by the Tradesperson, then you will have legal rights of redress against the Tradesperson directly, and not against Fix My Build.

    10.4 Fix My Build shall have no liability to you whatsoever in respect of the supply of Goods and/or Services with the Tradesperson with whom you contract with through the Website.

11. Your contract with the Tradesperson

  1. 11.1 When an estimate supplied to you by a Tradesperson is accepted by you on our Website, then a Contract is established between you and the Tradeperson.

    11.2 The Tradesperson is responsible for ensuring that all Goods and Services required for your Project meet all required quality standards and comply with all Applicable Law and are delivered in accordance with such timescales as stated in the Estimate.

    11.3 Fix My Build shall have no liability to you whatsoever in respect of the supply of Goods and/or Services with the Tradesperson with whom you contract with through the Website.

12. Faulty, damaged or incorrect Goods supplied by the Tradesperson

  1. 12.1 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality.

    12.2 You have legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in the Tradesperson’s standard terms and conditions of sale will affect your legal rights.

13. Your Rights to Cancel and End the Contract with the Tradesperson

  1. 13.1 If you wish to cancel your Order for Goods and/or Services with a Tradesperson, you must contact the Tradesperson direct.

    13.2 The Tradesperson’s standard terms and conditions of sale will provide details of its cancellation policy.

    13.3 If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract with a Tradesperson within 14 days of acceptance of an Estimate. The cancellation period:

    13.3.1 Will end 14 days from the date of your acceptance of an estimate.

    13.3.2 To exercise your right to cancel you can either “Cancel”
    or “Pause” the project via the Website or contact us by email:
    [email protected] or phone: 0208 145 5102.

    13.4 The right to cancel does not apply to:

    13.4.1 Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period;

    13.4.2 Services that you have requested for the purpose of carrying out urgent repairs or maintenance;

    13.4.3 You have something specially made - for example, made to measure curtains, windows or a conservatory;

    13.4.4 Newspapers, magazines, or periodicals, except for subscriptions to such publications; and

    13.4.5 Accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.

    13.5 Effects of Cancellation

    13.6 If you requested the performance of Services to begin during the cancellation period, you are required to pay an amount which is in proportion to what has been performed until you have communicated to the Tradesperson your decision to cancel the contract between you. The Tradesperson will reimburse to you any amount you have paid above this proportionate payment.

    13.7 The Tradesperson will make the reimbursement using the same form of payment as you used for the initial purchase. You will not incur any fees because of the reimbursement.

    13.8 This right to cancel and to reimbursement is not affected by any return or refund policy the Tradesperson may have.

    13.9 Consumer Protection Law

    13.10 Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Conditions or the standard terms and conditions of sale of the Tradesperson will not limit your legal rights and remedies under that legislation. These Conditions and the Tradesperson’s standard terms and conditions of sale will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Conditions or the standard terms and conditions of sale of the Tradesperson and that legislation, the mandatory provisions of the legislation will apply

14. Our liability to consumers

  1. 14.1 In accordance with condition 10 above, you acknowledge that the contract for the supply of Goods and/or Services is between you and the Tradesperson, and it is the Tradesperson who is responsible for and is liable for the supply of the Goods and/or Services to you.

    14.2 Fix My Build shall have no liability to you whatsoever in respect of the supply of Goods and/or Services with the Tradesperson with whom you contract with through the Website.

    14.3 Nothing in these Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

    14.4 Nothing in these Conditions seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Condition 12 above.

15. Complaints and feedback

  1. 15.1 We always welcome feedback from our customers. Please send your feedback to: [email protected]

    15.2 Whilst we always use reasonable efforts to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

    15.3 All complaints are handled in accordance with our complaints handling procedure.

    15.4 If you wish to complain about any aspect of your dealings with us, please contact us using the contact details provided above in Condition 4.

16. How we use your personal information

  1. We will only use your personal information as set out in our Privacy Policy and our Cookie Policy.

17. Other important Conditions

  1. 17.1 This contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Conditions.

    17.2 If any of the provisions of these Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Conditions. The remainder of these Conditions shall be valid and enforceable.

    17.3 No failure or delay by us in exercising any of our rights under these Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Conditions means that we will waive any subsequent breach of the same or any other provision.

18. Law and Jurisdiction

  1. 18.1 These Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

    18.2 Any dispute, controversy, proceedings, or claim between you and us relating to these Conditions or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.