Terms and Conditions

1. Definitions

1.1. “Client”, “you” means the individual or organisation who buys or agrees to buy Services from the Contractor.

1.2. “Contractor”, “we”, “us” means Willow Alexander Handyman Limited, a company registered in England and Wales under number 15092374, whose registered office is 12 Hatherley Road, Sidcup, Kent, DA14 4DT.

1.3. “Contract” means the contract between the Contractor and the Client for the supply of Services, comprising the Quotation and these Terms and Conditions.

1.4. “Tradesperson” means the individual carrying out the Services on behalf of the Contractor.

1.5. “Services” means the handyman, repair, installation, maintenance and related work supplied by the Contractor.

1.6. “Materials” means parts, fixtures, fittings, timber, paint, ironmongery and other consumables incorporated into the work.

1.7. “Site” means the property at which the Services are to be performed.

1.8. “Service Visit” means an attendance at the Site by the Tradesperson to carry out the Services.

1.9. “Quotation” means the Contractor's written quotation, fixed price or online booking confirmation for the work to which these Terms and Conditions apply.

1.10. Unless the context requires otherwise, the singular includes the plural and vice versa.

1.11. Headings are for convenience only and do not affect interpretation.

1.12. “Howa Living Ltd” means the company which collects payment for the Services. All amounts payable by the Client under this Contract are charged by Howa Living Ltd.

2. Contract and acceptance

2.1. These Terms and Conditions form the contract between the Contractor and the Client.

2.2. Any use of the Contractor's Services, including placing an order through our online booking platform, by telephone, by email or through a website form, constitutes acceptance of these Terms and Conditions.

2.3. Acceptance of a Quotation is acceptance of these Terms and Conditions.

2.4. No variation to this Contract is binding unless agreed in writing by both parties. Email is sufficient for this purpose.

3. Quotations and pricing

3.1. A Quotation is based on the information the Client gives us at the time. Where a job is booked online, the price is calculated from the description the Client selects.

3.2. Where a job is quoted as a fixed price, that price stands for the work described in the Quotation. It does not cover work discovered once the job has started which could not reasonably have been identified beforehand.

3.3. If the work required turns out to differ materially from what was described, the Contractor will stop, explain what has been found, and give the Client a revised price to accept or decline before continuing. Differences of more than 10% will always be discussed before the work proceeds.

3.4. Where the Contractor gives an estimate of how long a job will take, it is an estimate based on similar jobs and not a guarantee. Some flexibility may be needed.

3.5. The Contractor may re-price the work if the Client's list of tasks changes after the Quotation is given.

3.6. Unless the Quotation says otherwise, prices exclude the cost of Materials and of any parking charge, congestion charge or ULEZ charge incurred at the Site. Those are passed on at cost.

3.7. A Quotation is valid for 30 days unless it says otherwise.

4. Scope of work and exclusions

4.1. The Contractor will carry out the Services with reasonable care and skill, as required by the Consumer Rights Act 2015.

4.2. The Services are handyman and general maintenance work. They are not a substitute for a specialist trade where one is required by law or by good practice.

4.3. Unless the attending Tradesperson holds the relevant registration and the work is expressly included in the Quotation, the Contractor does not undertake: work on gas appliances, pipework or flues, which must be carried out by a Gas Safe registered engineer; electrical work notifiable under Part P of the Building Regulations, such as new circuits or work in a bathroom; asbestos removal; structural alterations, including the removal of load-bearing walls; or work requiring scaffolding or a licensed roof access system.

4.4. Where the Contractor identifies that a job needs a specialist trade, it will say so and will not attempt the work.

4.5. The Client is responsible for obtaining any permission needed before work starts, including from a freeholder, managing agent, landlord, neighbour or local authority, and for any planning permission or building regulations approval. The Contractor is not responsible for checking whether such permission exists.

4.6. The Contractor may decline or stop work at a Site where it reasonably considers the work unsafe, the property unsafe to work in, or the requested work outside the scope in clause 4.3.

5. Materials, parts and equipment

5.1. The Contractor provides the tools and equipment needed to carry out the Services, and standard consumables such as fixings, screws, plugs and sealant.

5.2. Unless the Quotation says otherwise, the Client supplies the Materials specific to the job, such as paint, fence panels, flooring, sanitary ware, doors, locks, blinds and flat-pack furniture. The Contractor can source Materials on request, in which case they are charged at cost plus any agreed handling charge, and must be paid for before they are ordered.

5.3. Where the Client supplies the Materials, the Client is responsible for their suitability, quantity and condition. The Contractor will point out an obvious problem if it sees one, but is not liable for a poor result caused by unsuitable or insufficient Materials the Client chose.

5.4. Materials supplied by the Client which are not used remain the Client's property. Waste and packaging are removed only where the Quotation says so.

5.5. Title in Materials supplied by the Contractor passes to the Client on payment in full. Risk passes on delivery to the Site.

5.6. The Contractor requires access to mains electricity and water at the Site where the work needs it.

6. Payment

6.1. Payment is due before the Services commence, by card through our online booking platform, unless the Contractor has agreed different terms in writing. All Services are pre-paid. All payments for the Services are charged and collected by Howa Living Ltd. Payments will appear on the Client's bank or card statement as Howa Living Ltd.

6.2. Where the Contractor has agreed invoice terms in writing, payment is due within 14 days of the invoice date.

6.3. Where a job runs beyond the scope quoted and the Client has accepted a revised price under clause 3.3, the balance is payable on completion.

6.4. The Contractor may charge interest on any amount unpaid for more than 14 days, at 12% per annum above the Bank of England base rate, from the due date until payment is actually made. For business clients this is in substitution for the statutory right to interest.

6.5. A scheduled Service that has not been paid for in advance may be cancelled, and a cancellation fee under clause 11 may be incurred.

6.6. The Contractor may cancel a Contract, and charge back the difference to the standard rate for work already done, if misleading or false information was used to obtain a discounted price, or if the job as described could not in fact be performed properly.

6.7. Tipping is appreciated but is never expected or required.

7. HoWA Membership Programme

7.1. Clients who are active and verified members of the House of Willow Alexander Membership programme (“HoWA Members”) are entitled to a ten percent (10%) discount on the standard rates for applicable Services, for the duration of their active and continuous membership.

7.2. A minimum uninterrupted membership term of three (3) consecutive months is required to qualify for and keep the discount.

7.3. The discount is subject to the HoWA Membership Terms and Conditions, which are provided separately and made available on the Contractor's website. Those terms are incorporated here by reference for HoWA Members.

7.4. The discount cannot be combined with other promotional offers or discounts unless the Contractor states otherwise in writing.

8. Access to the property

8.1. The Client must give the Tradesperson safe access to the Site at the agreed time, and to the areas the work requires.

8.2. The Client must clear the working area of belongings, or tell us in advance if that is not possible. The Contractor will move light items where it can, but is not liable for damage to items left in the working area that the Client was asked to move.

8.3. The Client must tell the Contractor in advance about anything at the Site that affects the work or the safety of the Tradesperson, including known asbestos, concealed pipework or cabling, unsafe flooring, pets that may be a hazard, and any restriction on parking or access.

8.4. Where the Client asks for keys to be collected from a third party's address outside the postcode of the Site but within a reasonable distance, a charge applies covering the collection. If the keys must then be returned to that or another address, a further charge applies.

8.5. The Contractor works Monday to Saturday, excluding Bank Holidays. If a booked Service falls on a Bank Holiday, the Contractor will contact the Client at least 2 weeks beforehand to reschedule or offer alternatives.

9. Outdoor work and weather

9.1. We work in most weather. Some Services, in particular gutter clearing, jet washing, painting exterior surfaces, decking and fencing, cannot be carried out safely or to a proper standard in high winds, heavy rain, ice or freezing temperatures.

9.2. Where weather makes outdoor work unsafe or would produce a poor result, the Contractor will reschedule the Service to the next mutually convenient date at no charge. No cancellation fee applies to a visit rescheduled by us for weather.

9.3. Work at height is carried out from ladders or towers only where it is safe to do so. The Contractor will not work at height in conditions it judges unsafe, and that judgement is the Tradesperson's alone.

10. Your right to cancel as a consumer

10.1. This clause applies if you are a consumer, meaning you are buying for purposes outside your trade, business, craft or profession, and you booked away from our premises, for example online, by phone or at your home.

10.2. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have 14 days from the day the Contract is made to cancel without giving a reason and without charge.

10.3. To cancel, tell us in writing before the 14 days expire, by email to sales@willowalexander.co.uk or by post to our registered office. Making the cancellation clear is enough; you do not need to use a particular form of words.

10.4. If you ask us to start work within the 14-day period, and we do, you may still cancel, but you must pay for the work carried out up to the point you told us you were cancelling. If the work has been fully performed within that period at your express request, the right to cancel is lost.

10.5. Where a refund is due under this clause, we will make it within 14 days of being told you are cancelling, using the same payment method you used.

10.6. This clause does not affect any other right you have to cancel, or to a remedy.

11. Rescheduling and cancellation

11.1. Outside the statutory period in clause 10, the Client may reschedule or cancel a booked Service by giving at least 48 hours' notice in writing. No fee applies.

11.2. Where less than 48 hours' notice is given, a cancellation fee of 50% of the price of the booked Service applies, reflecting the time reserved that we can no longer fill.

11.3. The full price of the booked Service is payable if:

11.3.1. the Tradesperson arrives at the Site and cannot get in, through no fault of theirs;

11.3.2. the Client or a third party prevents the Tradesperson from carrying out the work; or

11.3.3. the Client reschedules once the Tradesperson has arrived, in which case reasonable travel costs are also payable.

11.4. If the Client needs to change the date or time, the Contractor will do its best to accommodate, subject to 48 hours' notice and availability.

11.5. Nothing in this clause limits your rights under clause 10 or under the Consumer Rights Act 2015.

12. Rescheduling by the Contractor

12.1. The Contractor will arrange a replacement Tradesperson if the one booked cannot attend, and will tell the Client beforehand. Timings may shift because of the rearrangement.

12.2. In extenuating circumstances the Contractor may change the date or time of a scheduled Service. It will give the Client as much written notice as is practicable, by email, and will make reasonable efforts to agree a convenient alternative.

12.3. Extenuating circumstances include, but are not limited to, acts of God, significant unforeseen operational disruption, incapacity of key personnel, critical equipment failure, and restricted access to the Site beyond the Contractor's reasonable control. Ordinary bad weather is dealt with under clause 9.

13. Standard of work and complaints

13.1. Under the Consumer Rights Act 2015 the Services will be performed with reasonable care and skill. If they are not, you are entitled to have the work put right, and if that is impossible or not done within a reasonable time, to an appropriate price reduction.

13.2. Please raise any complaint in writing, by email or text message, with a description of the problem and photographs of it, within 7 days of the Service being completed. Telling us early gives us the best chance of putting it right.

13.3. If the Client is unhappy while a Service is in progress, please say so at the time rather than waiting until the Tradesperson has left. Call us on 020 3576 4372.

13.4. The Contractor will inspect the work complained of, and where the complaint is upheld will return to put it right at no charge.

13.5. The Contractor is not liable for a poor result caused by the condition of the property or by Materials the Client supplied, where it warned the Client of the risk before proceeding.

13.6. Nothing in this clause affects your statutory rights, or the time limits within which you may bring a claim.

14. Refunds

14.1. Where a Tradesperson does not attend a Service the Client has already paid for, and the Contractor cannot offer an acceptable alternative date, the Client is refunded in full.

14.2. Where a complaint under clause 13 is upheld and the Contractor cannot put the work right within a reasonable time, the Client is entitled to an appropriate reduction in price.

14.3. Beyond clauses 10, 14.1 and 14.2, refunds are not given once the Services have been carried out to the standard required by clause 13.1.

15. Liability

15.1. Nothing in these Terms limits or excludes the Contractor's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for anything else which cannot lawfully be limited or excluded. Your statutory rights as a consumer are not affected.

15.2. Subject to clause 15.1, the Contractor is not liable for loss, expense, damage, delay, cost or compensation, whether direct or indirect, arising from or connected with:

15.2.1. the late arrival of a Tradesperson at the Site, where the delay is caused by traffic or other matters beyond the Contractor's control;

15.2.2. a third party entering or being present at the Site while the work is carried out;

15.2.3. damage which already existed at the Site, including cracks, scratches, damaged seals, perished frames, failed plaster or defective wiring, which becomes apparent when the work is carried out;

15.2.4. concealed pipework, cabling or structure which the Client did not disclose and which could not reasonably have been identified before the work began; or

15.2.5. the Contractor continuing to provide Services while the Client has an amount outstanding for 14 days or more.

15.3. Subject to clause 15.1, the Contractor's total liability arising out of any one Contract is limited to the price paid under that Contract.

15.4. The Contractor is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, strikes, accidents, war, fire, breakdown of equipment, shortage or unavailability of Materials, adverse weather, and difficult or unsafe conditions at the Site.

15.5. Where the Client is a business, the Contractor is not liable for loss of profit, loss of business, loss of contract, or any indirect or consequential loss.

16. Employment referral

16.1. The Client is liable for an employment referral fee of £500.00 per person should they directly employ, whether legally or on a cash basis, anyone currently or recently engaged by the Contractor. The Client agrees to pay this fee whether they notify the Contractor or the Contractor discovers the employment independently, and to reimburse the Contractor for any collection or legal fees incurred in recovering it.

17. Supplementary terms

17.1. The Contractor may amend these Terms and Conditions from time to time. Amendments apply to new business and not to Contracts already in place. Please keep your copy of the Terms that applied when you booked.

17.2. If any provision of this Contract is held unenforceable by a court or other competent authority, the remaining provisions continue in full force and effect.

17.3. This Contract is the entire agreement between the parties and supersedes any prior agreement. Where these Terms and a Quotation conflict, the Quotation prevails unless it says otherwise.

17.4. No waiver of any term is valid unless made in writing and signed on behalf of the Contractor.

17.5. A person who is not a party to this Contract has no rights under it by virtue of the Contracts (Rights of Third Parties) Act 1999.

17.6. The Contractor may transfer its rights and obligations under this Contract to another organisation, and will tell the Client in writing if it does. The Client's rights under the Contract are unaffected.

18. Governing law and jurisdiction

18.1. These Terms are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.

18.2. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of the country in which you live.

18.3. These Terms are intended to comply with the Consumer Rights Act 2015 and are not intended to create an imbalance in the parties' rights and obligations under the Contract.