Frequently Asked Questions (Customer Terms)

A These Terms, together with any and all other documents referred to herein, set out the terms under which Users (“Customers”) book Valeting Services from Valeters via Our Marketplace. Please read these Terms carefully and ensure that you understand them before submitting a Booking on Our Marketplace. You will be required to read and accept these Terms when you create an Account. If you do not agree to comply with and be bound by these Terms, you will not be able to create an Account or make any Bookings.
B We provide an online platform to connect Valeters with Customers.
C At no time will a contract come into existence between Us and Customers for the services provided by Valeters. Any contract formed between a Valeter and a Customer will be solely between the Valeter and Customer.
D. Our Site is directed to consumer Customers, and professional Valeters based in the United Kingdom only. You must be resident in the United Kingdom in order to register with Us.
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and/or use certain areas of Our Site; “Booking” means the booking of a Valeter’s services;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Customer” means a User who makes a Booking on Our Marketplace; “Listing” means a listing on Our Marketplace advertising Valeting Services; “Marketplace”means Our platform for Valeters and Customers on Our Site; “Our Site” means www.carwasheruk.com;
“Payment Service” means the payment service provided by Stripe Payments Europe, Limited (“Stripe”);
“Payment Service Account” means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;
“Third Party Payment Service Provider” means Stripe; “User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“Valeter” means a User who provides Valeting Services which are booked through this Site for the relevant fee;
“Valeting Services” means the services advertised and supplied by Valeters through our Marketplace;
“We/Us/Our” means by Car Washer UK Limited, a company registered in England under company number 10307824 and whose registered address is 27 Granary Court, Dunmow, Essex, United Kingdom, CM6 1BN.
2.1 www.carwasheruk.com is a Site owned and operated by Car Washer UK Limited, a company registered in England under company number 10307824 and whose registered address is 27 Granary Court, Dunmow, Essex, United Kingdom, CM6 1BN.
2.2 You can contact us by writing to us at the above address, by emailing us at [email protected] or via the Site at http://www.carwasheruk.com.
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is also subject to Our Terms of Use. Please ensure that you have read them carefully and that you understand them.
4.1 You may only register for an Account if you are at least 18 years of age and are resident in the United Kingdom.
4.2 These Terms apply to business and consumer customers.
4.3 Where you enter into these Terms as a business i.e. you are acting in the course of a business or trade, these Terms, referenced herein that are applicable to the Booking and your Account, and, constitute the entire agreement between Us and you with respect to your use of Our Marketplace. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
Our Marketplace is provided solely as an online venue for Valeters and Customers and to assist Customers wishing to make a Booking for Valeting Services. We are not a party to any transactions or other relationships between Valeters and Customers. You hereby acknowledge and agree that:
5.1 You are not making a Booking or purchase from Us and are not entering into a contract with Us. Your Booking and contract is with the Valeter only;
5.2 We will not be a party to any dispute between you and any Valeter or another Customer. Any claims must be made directly against the party concerned;
5.3 Although we do undertake some screening of the Valeters and request proof of insurance and identification documents when Valeters first register for an Account, we do not pre-screen the services that Valeters advertise in Listings on Our Marketplace. Therefore, any Listing is not an endorsement by us of the Valeting Services provided, nor are such Listings
any type of recommendation and we are not in any way responsible for any Valeting Services provided, or for the content of any Listings; and
5.4 While all Valeters are required to comply with Our Supplier Terms, which include provisions covering important matters such as payment methods, all Valeters are different and may use differing materials or processes, set where the Valeting Services will be provided and set their own prices.
6.1 The provisions of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace in Listings.
6.2 Customers must, at all times, respect the intellectual property rights of Valeters and other Users on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
7.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
7.1.2 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
7.1.4 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
7.1.5 you must always provide accurate, honest information to Valeters on Our Marketplace; and
7.1.6 you must not engage in any form of price fixing with other Users (including Valeters and Customers).
7.2 When using Our Marketplace, you must not submit anything, or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to; 7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Marketplace;
7.3.2 issuing you with a written warning;
7.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
7.3.4 further legal action against you as appropriate;
7.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
7.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.
8.6 Our Site will guide you through the Booking process. Before submitting your Booking you will be given the opportunity to review your Booking and amend it. Please ensure that you have checked your Booking carefully before submitting it.
8.7 No part of Our Site constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that a Valeter may, at their sole discretion, accept or cancel. When you submit a Booking, notification of the Booking is then sent to the Valeter who can accept or cancel the Booking. A Valeter’s acceptance is indicated by either (i) the Valeter sending you a Booking confirmation by email, or, (ii) by default, if the Valeter does not cancel the Booking within 24 hours of the Booking submission. Only once the Valeter has sent you an order confirmation or failed to cancel the Booking within 24 hours will there be a legally binding Contract between you and the Valeter.
8.8 As set out above in Clause 5, all transactions on Our Marketplace are between Valeters and Customers only. We are not a party to such transactions.
8.9 When making a Booking with a Valeter, you expressly agree that:
8.9.1 You understand that the contract for the Valeting Services is between you and the Valeter;
8.9.2 You will submit payment for the Booking at the time of submitting the Booking (see Clause 10);
8.9.3 You have read the description and all details within the relevant Booking carefully and that you understand and agree to any and all specific policies that are stated to apply by the Valeter;
8.9.4 You must ensure that you have provided the Valeter with any information that could restrict or hinder the Valeter providing the Valeting Services;
8.9.5 You must ensure your vehicle is in a reasonable condition by removing excess items from the interior and boot area. You should remove all your personal belongings. Please note that items that may resemble rubbish could be considered disposable and, therefore, removed. The Valeter we will not be held responsible in such a situation;
8.9.6 Valeters we will not be held responsible for any damage to your vehicle arising from ill-fitting trim, loose or faulty parts, door mirrors held on with chewing gum etc. Please
ensure you make the Valeter aware of any potential problems before the Valeting Services commence.
9.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe, Our Third Party Payment Service Provider.
9.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Chefs on Our Marketplace.
9.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
9.4 The Payment Services accept differing payment methods so please check on the Valeter’s Listing which payment methods are accepted by the Valeter with whom you wish to place a Booking.
9.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
9.6 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
10.1 All payments are processed using the Payment Service described above in Clause 9 and payments must not be made directly to Valeters.
10.2 Payments for Bookings must always be made in advance and you will be prompted to pay during the booking process. Your chosen payment method will be charged at the time your Booking is submitted.
10.3 We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Valeters at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
11.1 It is the responsibility of Valeters to collect and pay takes on any sales madethroughOur Marketplace.
11.2 Where any tax, for example VAT, forms a part of the price of Valeting Services on Our Marketplace, the tax must be included in the price of the Valeting Service.
11.3 If a Valeter is VAT registered, they may be required to charge VAT on the Valeting Services that they sell on Our Marketplace.
11.4 For further information on VAT and other taxes in your location, please contact your local tax authority.
12.1 The Valeting Services will take place at the location, and at the time, as set out on the Booking.
12.2 Valeters will make all reasonable efforts to ensure that all general descriptions of the Valeting Services available correspond to the actual Valeting Services that will be provided to you, however, please note that the exact nature of the Valeting Services may vary depending upon your individual requirements and circumstances.
12.3 Please note that sub-Clause 12.2 does not exclude Valeter’s responsibility for mistakes due to negligence on their part and refers only to variations of the correct Valeting Services, not to different Valeting Services altogether.
12.4 You will be required to select the required Valeting Services during the Booking process.
12.5 Valeters neither represent nor warrant that all Valeting Services will be available at all times and cannot necessarily confirm availability until confirming your Booking. Availability indications are provided on Our Site however, such indications may not take into account Bookings that have been placed by other Customers during your visit to Our Site.
12.6 Valeters are responsible for ensuring that the prices shown in Listings is correct. In the unlikely event that a Valeter has shown incorrect pricing information, the Valeter will contact you in writing before proceeding with your Booking to inform you of the mistake and to ask you how you wish to proceed. The Valeter will give you the option to purchase the Valeting Services at the correct price or to cancel your Booking. If you do not respond to the Valeter within 48 hours prior to the original Booking time and date, the Valeter will treat your Booking as cancelled and a refund will be made to you within 14 days.
12.6 Where the Valeting Services are to be undertaken at your home or business, you must ensure that the Valeter is able to perform the Valeting Services as arranged.
12.7 If the supply of the Valeting Services is delayed by an event outside the control of the Valeter, for example, due to bad weather, the Valeter will contact you as soon as possible to let you know what steps the Valeter will take to minimise the effect of the delay, or to re-arrange the Booking. If the Valeter does this then they will not be liable for delays caused by the event. If there is a substantial delay then you may ask to cancel the Booking and receive a full refund.
13.1 The Valeter will provide the Valeting Services on the date agreed when you submitted your Booking. As a consumer, when you enter into a contract online, you have certain legal rights to cancel that contract within 14 days and request a refund (“Cooling off period”). However, where you enter into a contract and request the services to begin within the 14 day period, your right to cancel may be limited or lost.
13.2 By making a Booking for Valeting Services to take place within the Cooling off period, you acknowledge and agree that, unless you have the right to cancel the contract under Clause 13.3, you will not be able to claim a refund for any Booking that you cancel.
13.3 You may cancel any Booking up to 24 hours before the Valeting Services are due to be completed and receive a full refund. If you cancel the Booking with less than 24 hours’ notice then you will not be entitled to a refund.
13.4 Any refund due to you will made within 14 days using the same payment method as used when submitting a Booking.
14.1 As required by law, Valeters must provide the Valeting Services with reasonable skill and care, consistent with best practices and standards in the valeting industry, and in accordance with any information provided by the Valeter within a Listing. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
14.2 If you have any cause of complaint about the Valeting Services provided you should contact the Valeter immediately.
14.3 If Valeters do not perform the Valeting Services as set out in sub-clause 14.1, as a consumer, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Valeting Services are not performed in line with information that Valeters provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
14.4 If for any reason a Valeter is required to repeat the Valeting Services in accordance with your legal rights as a consumer, they will not charge you for the same and they will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full price paid and may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which the Valeter agreed that you are entitled to the refund) and made via the same payment method originally used by you.
14.5 As a business User, Valeters may limit your rights of redress if they are in breach of sub-Clause 14.3 but this will have to be made clear to you in any terms and conditions presented to you at within a Valeter’s Listing. Where no such terms are provided, you agree that your only remedy against the Valeter will be a set out in sub-Clause 14.4 and the Valeter will not be responsible to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and the Valeter.
15.1 The Valeter has the right to cancel a transaction and issue a full refund of any sums paid in the following circumstances:
15.1.1 You and the Valeter have mutually agreed to cancel the Booking;
15.1.2 The Valeter has chosen to refuse service to you.
15.2 Refunds must be made within 14 days of the date on which you and the Valeter agree the cancellation, under sub-Clause 15.1.1 or the date on which the Valeter informs you that they are cancelling the transaction, under sub-Clause 15.1.2.
You may close your Account at any time by accessing the user settings with the Account and manually closing the Account.
17.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Customers and Valeters. Furthermore, as stated in sub-Clause 5.2 We will not be responsible for any aspect of a transaction and make no warranties as to the quality,
safety, or legality of any Valeting Services or other item(s) purchased from Valeters on Our Marketplace. Any claims pertaining to a transaction must be made directly against the Valeter concerned.
17.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.
17.3 Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
17.4 Nothing in these Terms 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.
17.5 Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
18.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
18.3 Valeters will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, and postal address). Valeters are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.
18.4 You must only use the personal data of other Users (whether they are Valeters or Customers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.
19.1 We may, from time to time, send to you discount codes that can be used when making Bookings either generally, or with a specific Valeter.
19.2 Any discount code provided is personal to you and you may not allow any other person to use your Account or the discount code. If we consider that your Account is being used beyond what would be deemed reasonable for a single consumer then we will close your Account.
19.3 Discount Codes cannot be traded, transferred or sold to another Account and cannot be joined or linked with another Account, or used in conjunction with any other offer, promotion or discount code.
19.4 All discount codes can only be used when making a Booking on our Site, and cannot be exchanged for cash and have no equivalent cash value.
19.5 The Discount Code must be used within any time-limits stated, and the Discount Code is only for the purpose it is stated.
20.1 We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
20.3 If any of the provisions of these Terms fare 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 Terms. The remainder of these Terms shall be valid and enforceable.
20.4 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
20.5 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements.
21.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
21.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.
21.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or 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.