TERMS AND CONDITIONS

Contents

1 Introduction 

2 Information we give you 

3 Your privacy and personal information 

4 Ordering services from us 

5 Right to cancel 

6 Effects of cancellation 

7 Carrying out of the services and scope of the services 

8 Charges and payment 

9 Faulty services 

10 End of the contract 

11 Limitation on our liability 

12 Third party rights 

13 Disputes 

Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights if you are purchasing services as a consumer :

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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.

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The Consumer Rights Act 2015 says:

you can ask us 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;

if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;

if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

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The information  summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

This contract sets out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

In this contract:

• ‘we’, ‘us’ or ‘our’ means GreenSmart Solutions Planning Services Ltd and

• ‘you’ or ‘your’ means the person buying services from us.

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If you have any questions about this contract or any orders you have placed, please speak with our representative or contact us by:

• sending an email to info@greensmartplanning.co.uk; or

• calling us on 033 0320 2079  Monday to Friday: 9 am to 4 pm

Who are we?

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We are GreenSmart Solutions Planning Services Ltd, of  Old Post House Worcester Road, Drakes Broughton, Pershore, England, WR10 2AQ, a company registered in England and Wales under company number  12982447

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1. Introduction

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1.1 If you buy services from us you agree to be legally bound by this contract.

1.2 The rights to cancellation in these terms and conditions apply only if you are buying services from us as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying services from us in the course of business, and are not legally classed as a consumer, then you will not have the right to cancel the contract within 14 days. 

1.3 When buying any services from us you also agree to be legally bound by:

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1.3.1 extra terms which may add to, or replace some of, this contract. This may happen for example if you require a more bespoke service than our standard products; and

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1.3.2 specific terms which apply to certain services. Our representative who will tell you when specific terms apply.

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All of the above documents form part of this contract as though set out in full here.

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2. Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made.

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Information we will give you

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We will give you information on:

the main characteristics of the services you want to buy

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who we are, where we are based and how you can contact us

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the total price of the services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)

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 the arrangements for payment, carrying out the services and the time by which we will carry out the services

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how to exercise your right to cancel the contract and the costs of doing so

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our complaint handling procedure

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2.2 We will give you this information in a clear and understandable way. Some of this information is set out in this contract, and some of this information is set out on our website. 

2.3 The key information we give you by law forms part of this contract (as though it is set out in full here).

2.4 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

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3. Your privacy and personal information

3.1 Our Privacy Policy is available at www.greensmartplanning.co.uk

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

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4. Ordering services from us

4.1 The services we provide are digitally formatted planning appraisal reports, to land owners in respect of property or land which they own. 

4.2 Below, we set out how a legally binding contract between you and us is made.

4.3 Any quotation given by us before you make an order for services is not a binding offer by us to supply such services. 

4.4 When you decide to place an order for services with us, this is when you offer to buy such services from us.

4.5 When you place your order with us through our website, we will acknowledge it by producing an invoice for the services. 

4.6 We may contact you to say that we do not accept your order. This is typically for the following reasons:

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4.6.1 we cannot carry out the services (for example, because we do not have available consultants);

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4.6.2 we cannot authorise your payment;

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4.6.3 there has been a mistake on the pricing or description of the services.

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4.7 We will only accept your order once payment has been received by us in full for the invoice we have sent you, and we email you to confirm this (Confirmation Email). At this point:

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4.7.1 a legally binding contract will be in place between you and us; and

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4.7.2 we will start to carry out the services in the way you and we have agreed.

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4.8 If you are under the age of 18 you may not buy any services from us. 

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5. Right to cancel

5.1 Consumers normally have the right to cancel a contract within 14 days without giving any reason. However, as we offer a seven working day turnaround service (from receipt of payment of our invoice), you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e the work is completed) during this period. This is further explained in clauses 5.6 and 5.7 below. 

5.2 If you have not requested the seven working day turnaround service, the cancellation period will expire after 14 days from the day of the conclusion of the contract. 

5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us an email to info@greensmartplanning.co.uk confirming you wish to cancel and giving your name, address, and invoice number. 

5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.5 We will not start providing the services during the 14-day cancellation period unless you ask us to. You can request for us to start providing the services during the cancellation period by selecting "YES" from the dropdown box asking if you wish to opt-out when you place your order on our website. By selecting "YES" to opt-out, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (ie the work is completed). If you do not select "YES" to opt-out, we will not be able to start providing the services to you until the cancellation period has expired. 

5.6 This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (ie the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.

5.7 This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this contract. See also clause 9 below.

5.8 You will not have the right to cancel this contract if you are not buying these services as a consumer. 

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6. Effects of cancellation

6.1 If you cancel this contract, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:

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6.1.1 for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or

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6.1.2 the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (ie the work was completed) during the cancellation period.

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6.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

6.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

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7. Carrying out of the services and scope of the services 

7.1 We will endeavour to carry out the services by the time or within the period which you and we agree (either with our representative or in writing). We offer a normal seven working day turnaround if requested by you, (and if you have selected "YES" from the dropdown box opting out of the 14 day cancellation period), for our services. This excludes weekends and Bank Holidays.  Otherwise we will agree a later timescale with you. 

7.2 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:

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7.2.1 you change the services required (and this means we have to do extra work or wait for further availability of professional planners);

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7.2.2 a planning consultant who we have instructed to provide information for a service report is unable to do so within the timeframe due to, for example,  sickness or incapacity, or unforeseeable problems with obtaining information from third parties. 

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7.3 The services are provided to allow you  to gain a professional planners opinion on the potential of  developing land in your ownership for residential or commercial use.

7.4 The services do not provide legally binding Local Authority planning consent or refusal to be able to develop land in your ownership. 

7.5 The report/s provided will  be the opinion of a registered Professional Planning Consultant who works in association with us. 

7.6 The report/s provided do not cover an appraisal to the title of your property.

8. Charges and payment

8.1 We will let you know the basis of calculating the charges for the services and related goods (and any extra charges such as delivery charges) to the fullest extent we can when you place an order with us. We reserve the right to update our price lists from time to time with immediate affect. 

8.2 You will make payment for the services ordered via the third party gateways on our website and will be bound by those third party’s terms and conditions for the duration of the transaction.

8.3 You will paying in advance for the services once an invoice has been generated by us, and the timescale we agree to provide the services in will not apply until we have received payment in clear funds from you. 

8.4 You must provide the correct email address in the purchase order form  for the reports to be digitally sent. 

8.5The advertised prices for our services are in British Pounds Sterling and is exclusive of VAT.

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9. Faulty services

9.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

9.2 If you think the services we have provided to you are faulty or incorrect, please contact us using the contact details at the top of this contract.

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10. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

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11. Limitation on our liability

11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

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11.1.1losses that were not foreseeable to you and us when the contract was formed;

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11.1.2 losses that were not caused by any breach on our part;

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11.1.3 business losses; or

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11.1.4 losses to non-consumers.

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12. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

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13. Disputes

13.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this contract.

13.2 Relevant United Kingdom law will apply to this contract. If you want to take court proceedings, the courts of the region of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

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Agreed by Michael Green for and on behalf of GreenSmart Solutions Planning Services Ltd

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