Our terms for our Green Waste Club services
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply the Services described below to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Bin: the Green Waste Club Bin(s).
Collection Services: the collection of household garden waste from the Bin(s) on the scheduled collection dates.
Hire Services: the hire of the Bin(s) from us to you for you to dispose of your household garden waste.
Services: together, the Hire Services and Collection Services.
Terms: the terms and conditions set out in this document.
3 Information about us and how to contact us
3.1 Who we are. We are Biffa Municipal Limited a company, registered in England and Wales. Our company registration number is 4321212 and our registered office is at Coronation Road, Cressex, High Wycombe, Bucks, HP12 3TZ.
3.2 How to contact us. You can contact us by telephoning our customer service team at 0800 0858 286 or emailing us at the email address listed for your area on the “contact” page of our website www.greenwasteclub.co.uk .
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us with your order.
3.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4 Our contract with you
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, verbally accept your offer over the telephone or send you a confirmation letter, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and we will not charge you for the Services.
4.3 We only provide the Services to customers within the UK.
4.4 We only provide the Services to households. We do not provide the Services to commercial customers.
4.5 Ongoing contract. Unless you or we terminate it early in accordance with these terms (see clauses 9 to 11), this contract will continue for:
4.5.1 12 months;
4.5.2 24 months; or
4.5.3 36 months,
(the Minimum Term) whichever is specified in the order.
4.6 Unless you tell us in advance that you don’t want it to renew and unless you or we terminate it earlier in accordance with these terms, this contract shall automatically renew after the Minimum Term for a 12 month period (unless you request the 24 or 36 month options instead).
4.7 30 days before the end of the Minimum Term or a renewal term, we will send you a written reminder about the automatic renewal. This will set out the terms of the renewal (including any price adjustments) and inform you of the steps you can take if you do not want to renew.
5 Your rights to make changes
5.1 Please contact us if you wish to change the number of Bins we are providing to you under the Hire Services. There is no limit to the number of Bins we can provide and if you request additional Bins we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We may charge a one off delivery fee for any additional Bins supplied to you.
5.2 If you are moving house within the same council tax region you may continue using the Services but you must contact us to provide us with your new address. You will be responsible for moving Bins to your new property.
6 Your obligations
6.1 You must ensure that only materials referred to in this clause are put in a Bin:
6.1.1 Compostable Waste: material that is suitable for open windrow composting including plant stems, leaves and stalks. The Compostable Waste must be free from any other form of contamination unless agreed in writing (e.g. synthetic twine); and
6.1.2 Green Waste: botanical waste consisting of grass cuttings, hedge clippings, pruning’s, leaves (excluding street sweepings), dead plant material or roots,
(the Acceptable Waste).
6.2 You must not put any materials, other than the Acceptable Waste into a Bin. Materials including food and/or kitchen waste (including fallen fruit or vegetables from a garden, fruit and vegetable peelings and tea bags), genetically modified waste, turf, soil, stones, concrete, timber, animal waste, animal bedding or any other noncompostable garden item are unacceptable and should not be put in a Bin.
6.3 It is your responsibility to remove any waste that is not Acceptable Waste from a Bin before your next collection date. We will not perform the Collection Services until all waste that is not Acceptable Waste is removed from the Bin.
6.4 You must ensure that all Acceptable Waste placed in a Bin is loose and not contained in any bag. We will not perform the Collection Services if Acceptable Waste is put in a bag before being put into a Bin.
6.5 You must ensure that Bins are not overflowing and that the lid is closed. We will not perform the Collection Services if a Bin is overflowing and/or the lid is not closed.
6.6 We can perform Collection Services on a Bin that includes materials other than Acceptable Waste if this is pre-arranged with us and for a fee of £35 plus VAT per Bin. If you would like us to collect a contaminated Bin please call us on 0800 0858 286.
6.7 You must leave the Bin(s) on the boundary to the front of your property or at the location agreed between us and you, prior to 7am on your scheduled collection dates). If you fail to do so we will not provide Collection Services on that collection date but we will still charge you for the Collection Services due to our wasted journey and administration. If you have an assisted waste collection, please inform us and we will collect and return the bin to its storage location when we provide Collection Services.
7 Providing the Hire Services
7.1 We will provide the Hire Services for the duration of this contract.
7.2 We will deliver Bins to you within a reasonable period after the start of this contract. We reserve the right to charge a delivery fee for each Bin. Any initial Bin delivery charges will be included in the quote given prior to acceptance of your order and will be charged at the point of the first instalment.
7.3 If you ask us to provide any additional Bins, we reserve the right to charge a delivery fee for each Bin delivered to you.
7.4 When the contract comes to an end we will charge £10 plus VAT for removal of each Bin.
7.5 All Bins remain our property. We reserve the right to issue refurbished Bins where necessary. You must not permanently mark or paint a Bin.
7.6 If a Bin is damaged, lost, stolen or permanently marked or painted we will charge a fee of £20 plus VAT. If a Bin is damaged due to reasonable wear and tear or was damaged whilst we were providing Collection Services we have discretion as to whether the £20 plus VAT fee is waived.
8 Providing the Collection Services
8.1 We will provide the Collection Services. We will endeavour to provide the Collection Services on the specified collection dates but we reserve the right to change the collection dates. If we change your collection dates we will notify you.
8.2 We will only provide Collection Services if the Bin contains Acceptable Waste only, unless otherwise agreed between us and you.
8.3 We will only provide the Collection Services if our staff are able to move and lift the Bins safely. Our drivers will make the final decision as to whether a Bin can be moved and lifted safely, this is subject to review by a supervisor. If we are unable to empty a Bin due to weight but all materials within that Bin are acceptable as referred to in clauses 6.1 and 6.2 please contact our customer services team on 0800 0858 286 as we may, at the supervisor’s discretion, be able offer additional waste collection services on your next scheduled collection date. If such additional collection services are arranged, please can you leave the waste material in open household bin liners next to the Bin(s).
8.4 If Collection Services are missed please contact us by email (email@example.com) on 0800 0858 286 within 24 hours of your scheduled collected date. If you report missed Collection Services, which have been missed for any reason other than those listed in clause 6, we will arrange replacement Collection Services within 3 working days.
8.5 If Collection Services are delayed or missed and you do not notify us of this within 24 hours we will not provide replacement Collection Services. Instead the Collection Services for the relevant Bin(s) will be provided on the next scheduled Collection Services date.
8.6 Collection Services will be suspended for a two week period over Christmas and New Year. Details will be advertised on our website and will be on your collection calendar.
8.7 Collection Services which are due on Bank Holidays may be rescheduled. Details can be found on your collection calendars or by calling our customer services team on 0800 0858 286.
8.8 If you need to contact us for any reason or are not satisfied with our Services please contact us by calling our customer services on 0800 0858 286 or by emailing us at the email address listed for your area on the “contact” page of our website www.greenwasteclub.co.uk.
8.9 Reasons we may suspend the Services to you. We may have to suspend the Service to:
8.9.1 deal with mechanical or staffing problems; or
8.9.2 update the Services to reflect changes in relevant laws or regulatory requirements.
8.10 Your rights if we suspend the Services. We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than four weeks we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than four weeks and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
8.11 We may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to and you still do not make payment within two weeks of us reminding you that payment is due, we may suspend the Services and collect the Bin(s) until you have paid us the outstanding amounts. We reserve the right to charge £10 plus VAT for the removal of each Bin. We will contact you to tell you we are suspending the Services. We will not suspend the Services where you genuinely dispute the unpaid sum. We will not charge you for the Services during the period for which it is suspended.
8.12 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
8.13 We may suspend the Collection Services due to adverse weather conditions. If possible we will endeavour to reschedule the collection but this will not always be possible. We will not refund any sums you have paid in advance for Collection Services that were suspended due to adverse weather conditions.
8.14 If for any reason we continue to provide the Collection Services after the termination or expiry of a contract you have with us and you and we subsequently enter into a new contract within 60 days of the termination or expiry of your previous contract, we reserve the right to charge you for the Services provided in the period between the two contracts.
9 Your rights to end the contract
9.1 You can end your contract with us by giving us at least 30 days’ notice but that notice must not end any earlier than the end of the Minimum Term or the then current renewal term.
9.2 You may end the contract if you vacate your property and you are unable to or do not want to transfer the Services to your new property. If you are ending the contract because you are moving property you must close your account but you must still pay us for the full Minimum Term or then current renewal term. You can close your account by call our customer services team on 0800 0858 286.
9.3 You have a legal right to end the contract if
9.3.1 we fail to provide Collection Services on a scheduled date and we still have not provided them within a reasonable period afterwards (except where our failure was caused by you or something outside of our control); or
9.3.2 we do something else wrong and either it cannot be put right or, if it can be put right, we do not put it right within a reasonable period.
9.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For the Services bought from us, you have a legal right to change your mind within 14 days of the start date of this contract or the start date of any renewal period after the Minimum Term and receive a refund.
9.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of Services, once they have been completed, even if the cancellation period is still running.
9.6 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, confirm your order over the telephone or send you a confirmation letter. However, once we have completed Services you cannot change your mind about those Services, even if the 14 day period is still running. If you cancel after we have started the Service, you must pay us for all Services provided up until the time you tell us that you have changed your mind.
10 How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 0800 0858 286 or by emailing us at the email address listed for your area on the “contact” page of our website www.greenwasteclub.co.uk. Please provide your name, home address, customer ID reference and, where available, your phone number and email address. You may use the cancellation form that we send to you with acceptance of your order, but you do not have to. You cannot terminate your contract via our website.
10.2 How we will refund you. If you are due a refund, we will refund you the relevant amount by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 You acknowledge that the price of the Services has been set based on the Minimum Term you signed up for. Accordingly, if you want to end the contract before the end of the Minimum Term (as specified in your accepted order) or (following a renewal of the contract) before the end of the relevant renewal period, you will still have to pay us for the full Minimum Term or renewal period (as applicable) unless you change your mind during the 14 day period referred to above.
10.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind in relation to the Services, we may deduct from any refund an amount for the Services for the period for which it was supplied, ending with the time you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within two weeks of your telling us you have changed your mind.
11 Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract and the Services at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within two weeks of us reminding you that payment is due; or
11.1.2 you do not, within a reasonable time, allow us access to your premises to supply the Services.
11.2 We can always end our contract with you at any time even if you have not done anything wrong by giving you 30 days’ notice, in which case, if you have pre-paid for the Services you will receive a refund of the amount pre-paid by you for Services you will not receive.
11.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we may charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
11.4 Summary of your legal rights. We are under a legal duty to supply a service that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
12 Price and payment
12.1 What you must pay. The Services cost the fixed price we agreed with you. We accept payment by Direct Debit or credit or debit card which can be paid either annually in advance or, in the case of Direct Debit payment only, by monthly instalments. If you pay annually in advance by debit or credit card, you authorise us to store your card details and deduct annual payments after each anniversary of your contract start date for the duration of your contract. We do not accept payment by cash, postal order or cheque.
12.2 Price increases. We reserve the right to increase prices from time to time and we will provide you with at least 30 days’ notice of any changes. If we notify you of a price increase taking effect during the Minimum Term of our contract, if you are not happy with the increase you may terminate the contract on giving us 30 days' notice in accordance with clause 10.
12.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
13 Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
13.3 We will not be liable for damage or injury caused by your use of a Bin which you could have avoided by following our instructions of use.
13.4 Limit on liability. Except as set out in clause 13.2, our liability to you in respect of all claims arising in any service year is limited to 120% of the annual contract price paid or payable by you for that service year.
14 How we may use your personal information
14.1.1 to supply the Services to you;
14.1.2 to process your payment for the Services; and
14.1.3 if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15 Other important terms
15.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer this contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this. We will not unreasonably withhold our consent to transfer if you are moving house.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clauses 15.1 and 15.2. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts.