Terms of Service

These Terms of Service govern your use of the website located at https://www.thelondonchimneysweeps.co.uk and any related services provided by The London Chimney Sweeps Ltd.

The London Chimney Sweeps Ltd, located at Unit 1, Riverside Business Park, 16 Lyon Road, Wimbledon, SW19 2RL, England, with the registration number 08676723, extends its services under the conditions presented in these terms. By using our services, the customer acknowledges having read, understood, and accepted these conditions in full.

By accessing https://www.thelondonchimneysweeps.co.uk, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by The London Chimney Sweeps Ltd.

We, The London Chimney Sweeps Ltd, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 03 September 2023.

Scope of Services

The London Chimney Sweeps Ltd offers an array of services, including but not limited to chimney sweeping, fireplace servicing, fireplace installations and related tasks. Comprehensive pricing details for these services are available on our office. For transparency and seamless operations, we mandate that all services be prepaid before initiation.

Establishing the Contract

When you place an order for our services, it becomes a contractual offer which we may choose to accept. Upon acceptance, evidenced by our Order Confirmation, a legally binding contract is formed. We promise to provide comprehensive details regarding our services, identity, and other essential transaction-related information before finalising the contract.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
remove any copyright or other proprietary notations from any materials and software on this website;
transfer the materials to another person or “mirror” the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service The London Chimney Sweeps Ltd provides;
use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorised advertising or spam;
harvest, collect or gather user data without the user’s consent; or
use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to The London Chimney Sweeps Ltd and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by The London Chimney Sweeps Ltd at any time.

Order Guidelines

You are free to adjust your order for sweeps, services and remedial work up to 24 hours before the commencement of our services. Both parties reserve the right to cancel orders under specific circumstances. In such cases, any payments made, including deposits, will be refunded. This does not include products or bespoke items which are outlined elsewhere.

Consumer Rights

Your rights as a consumer are paramount. If you believe our services were not executed with reasonable skill and care, you have a right to request a re-performance or a possible price reduction. If there’s a fault from our side, we will bear the costs of re-performance. If a price reduction is agreed upon, it will be processed promptly.

Pricing and Payment Procedures

The cost of our services is transparently shown on our Appointment Booking web page. We periodically offer Special Prices, valid for limited durations. Please note that all prices include VAT, which may vary depending on the prevailing rate. Before we start, a deposit, equating to 100% of the service cost, is required. We accept payments via Debit/Credit Card, American Express, PayPal, and Bank Transfer where the customer must use their invoice number as reference. We do not accept payment by cheque.

Service Limitations

Before any cleaning or servicing commences, several preliminary steps are undertaken to ensure a smooth and effective process. This includes clearing obstructions, disconnecting gas fires, or even creating small openings if required, at an additional cost. A detailed inspection then follows to ascertain any issues.

In scenarios where a gas service is initiated, and the fireplace is found to be non-functional due to prior poor maintenance or other unforeseen factors, our primary step would be a full service to ascertain the root cause. In such situations, our first course of action is a thorough diagnostic phase, which may, at times, surpass the typical service timeframe. Owing to the diagnostic phase’s criticality in pinpointing issues accurately, no refunds will be processed if a service cannot be finalised due to the outcomes of this assessment. Refunds will not be processed for diagnostic efforts, and specific issues encountered during the service may necessitate adjustments or supplementary components.

There might be occasions where during a chimney sweep, our team discovers a flue blockage, hindering the completion of the sweep. It is pivotal to understand that without initiating the sweeping process, such blockages would remain unidentified. Therefore, even if the sweep is not fully executed due to a blockage, the service is considered complete. Refunds or reductions in service fees will not be granted in such situations.

We understand the value of customer trust and the importance of setting the right expectations. To this end, we believe in transparent communication, outlining potential challenges that might arise during service delivery. This proactive approach is designed to minimise misunderstandings, ensuring our customers are well-informed of the intricacies and potential limitations of our services.

Any additional work or parts required outside of the scope of the original work, to allow the safe and complete working of the fireplace will be quoted for prior to work to rectify issues is carried out.

Where an electric fireplace is to be installed, the customer must get a qualified electrician to carry out any work to enable the installation of the electric fire that involves a small works certificate at their own cost.

Refunds and Cancellations

Should you decide to cancel your order before we initiate the services, you are free to do so up to 24 hours prior to the scheduled work commencing. However, once the provision of services begins, cancellation is no longer an option. If any payments have been made for services yet to be delivered, a refund will be processed and returned to you within 14 Calendar Days from when you convey your cancellation. Conversely, for services already provided but not yet billed, an invoice will be sent your way.

There are specific circumstances where you are entitled to cancel the services with immediate effect by submitting written notice. These encompass situations like us not addressing a significant contractual breach within 14 days of your written notification, our company facing potential liquidation or the appointment of an administrator over our assets, external events inhibiting our ability to provide the services, or any substantial changes to our terms that may be detrimental to you. When cancellations arise due to our contractual breach, you will be exempt from further payments. Remember, for all these scenarios, it is necessary to provide at least a 24-hour notice.

From our side, we reserve the right to cancel an order even before the services commence. And once underway, we can halt the services and cancel the contract, but we will provide you with a 24-hour written notice. If you have made any payments for services that have not been initiated, rest assured, the amounts will be refunded within a 14-day period from our cancellation announcement. If there is any outstanding payment for services already rendered, you will be invoiced accordingly.

We also hold the prerogative to end the services without delay under particular conditions. These include delays in your payment, a significant breach on your part that remains unaddressed 24 hours after our written alert, or prolonged disruptions caused by external factors that prevent us from fulfilling the services.

It is essential to note that in the context of this policy, a breach is termed as ‘material’ when it leads to serious implications for the terminating party, regardless of the reason behind it, be it accidental or due to a misunderstanding.

Disclaimer and Limitations of Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, The London Chimney Sweeps Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall The London Chimney Sweeps Ltd or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials and services offered on this website, even if The London Chimney Sweeps Ltd or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

In the event of foreseeable loss or damage due to our breach, negligence, or that of our staff or subcontractors, The London Chimney Sweeps Ltd accepts responsibility. Losses or damages are foreseeable if evident from our breach or if both parties anticipated them at the time of the contract. Our services are intended for domestic use. Should we cause damage to your property during service, we will rectify at no added cost, but pre-existing faults or damages are not our responsibility. Our liability does not extend to incidents causing death or injury from our negligence or in cases of fraud. Our services are delivered with care, skill, and per the information provided. We uphold your legal consumer rights. For further information on your rights, consult your local Citizens Advice Bureau or Trading Standards Office.

Service Execution

Our commitment is to provide services with due diligence, adhering to the industry standards. While we always aim to execute services timely, unforeseeable circumstances might cause delays. To provide our services, we may require specific details from you, like Site Manager information, service locations, or any special requirements. Any delay or inaccuracy in this information could result in service postponements.

In instances where the completion of work is hindered by factors beyond our control, or if the customer provides goods not aligned with the installation’s requisites, additional charges will be levied to finalise the project. It is important to note that a baseline charge of £95.00 + VAT per engineer will be applied under such circumstances.

It is also the customers responsibility to ensure the area we are due to work in is free from obstruction or other contractors, to enable us to carry out our work without hindrance. We will need complete access to the fireplace or area we are due to work on, including the roof area where applicable.

Where there is furniture, ornaments or other valuable items in a room or adjacent rooms, the protection of these items is down to the customer. Although we take every care to ensure dust etc. is kept to a minimum, we cannot be held responsible for airborne dust that may escape during the work we are carrying out.

On occasion, after a spillage test has been carried out of a fireplace, the opening may need to be reduced to allow the flue to draw correctly. The spillage test can only be carried out after a new chimney system or liner is installed and the fireplace has been connected and tested. The results of a chimney sweep and flue flow test are not the same test as a spillage test and it is only at the completed stage that any issues regarding spillage can be found. There are various aspects that can cause spillage issues, including but not limited to weather conditions, negative air pressure and outside barometric temperature. In such situations, Enviro Flame will provide options to prevent spillage including the installation of a glass header to reduce the opening or terminal to reduce downdraft, amongst many other options.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. The London Chimney Sweeps Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on our website. We have the right to change the information on our website without prior notice and users are responsible to monitor said changes. Any historical information present on our website is provided for reference only.

Additional Tools

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an ‘as is’ basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. The London Chimney Sweeps Ltd has the right to offer new third-party tools in the future.

Links

The London Chimney Sweeps Ltd has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by The London Chimney Sweeps Ltd of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Data Protection and Personal Information

We handle all collected personal information in compliance with the Data Protection Act 1998. This information aids in delivering our services, processing payments, and notifying customers about our new offerings. Customers have the liberty to request the discontinuation of such notifications. In specific scenarios, like credit-based purchases, we might share this information with credit reference agencies, given customer consent. We pledge not to share personal data with third parties without explicit permission.

Inaccuracies and Mistakes

Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service.

Force Majeure: Events Outside of Our Control

Our obligations might be hindered or delayed by events beyond our reasonable control, including but not limited to power failures, ISP issues, industrial actions, civil unrest, natural disasters, terrorist acts, war, government actions, or epidemics. In the face of such occurrences, we will promptly notify you, our obligations will be suspended, and any deadlines will be adjusted. If the situation persists for over 120 days, we reserve the right to cancel our contract, ensuring timely refunds. Customers can also cancel in line with previous cancellation rights if such events arise.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your right to use our website or services and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Communication and Feedback

Your feedback drives our growth. Whether you want to commend us for a job well done or bring up an area of improvement, we are here to listen. You can easily reach us via phone or email. If there is ever a need to connect with us in writing, our Wimbledon office is always open. We also have a structured complaints procedure to address any concerns, ensuring we maintain our service standards.

Resolving Service Concerns

If there is an issue, we urge you to notify us promptly. In emergencies, we will make every effort to address concerns within 24 hours. Our aim is to rectify issues caused by us or due to unforeseen circumstances without any extra charges. However, any problem arising from the customer’s misinformation may incur additional costs.

Communication and Contact

For inquiries or complaints, customers can reach us at [email protected]. For certain procedures, like service cancellations, customers must contact us in writing, either through the aforementioned email or by pre-paid post to our address.

Complaints Procedure

We strive to deliver the best possible service. However, if customers are unsatisfied in any manner, we encourage them to contact us within seven days of the date of service. We are committed to addressing issues promptly, with a typical response window of 5 days, providing remedy dates where feasible.

Governing Law

All matters arising from these Terms of Service, including non-contractual issues, are governed by the laws of England and Wales. Any disputes between us fall under the non-exclusive jurisdiction of the courts of England and Wales.