Bag ‘N’ Gone Waste
These terms and conditions (“Terms”) govern your participation in and use of the Bag “N” Gone Waste website www.bagngonewaste.co.uk, app (the “App”), and any other web pages or other electronic services operated by Bag ‘N’ Gone Waste Limited ( collectively the “Site”) and any waste or rubbish collection services provided by us (“Waste Collection Services”).
These Terms set out the terms of your relationship with Bag ‘N’ Gone Limited (“we”, “us”, “our” or “Bag ‘N’ Gone”). Our company number is 13036893 and registered address is 171 Earlscourt Road, London, England, SW5 9RF.
The Site and Waste Collection Services are operated by Bag ‘N’ Gone and use of our Site, Waste Collection Services and registration is open to any user over the age of 16 years. Please read these terms carefully as they affect your rights and obligations under the law.
If you do not agree to these Terms in full, please do not register with us or use the Site or Waste Collection Services.
1.1. Bag ‘N’ Gone provides users with a flexible waste collection service whereby the user can purchase waste disposal bags (“Waste Disposal Bag(s)”), fill them with builders waste, DIY waste and general household waste and we collect the filled Waste Disposal Bags (provided the Waste Disposal Bags have been filled in accordance with our Guidelines (see below)).
1.2. These Terms will apply to all users of our Site, whether they are simply browsing the Site, are a registered user of the Site or have placed an order for the Waste Disposal Bags and associated Waste Collection Services through the Site (“you” or “users”).
1.3. Please note that these Terms may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site, you confirm that you accept the then current Terms in full at the time you use the Site.
2.1. You may browse our Site without registration but you will be required to provide personal information to order Waste Disposal Bags and Waste Collection Services.
2.3. You must supply a valid email address when registering with us or using the guest checkout so that we can email booking confirmations and other information relating to your use of our services. We will not be held responsible if you fail to provide a valid email address and you do not receive a booking confirmation or other information from us that you might be expecting.
2.4. You will be asked to create a password when registering an account with us. You must ensure your password is kept confidential and is not disclosed to any third party. You are not entitled to allow any other person to use or borrow your log in details or password, each additional user must use and register for the Site separately.
2.5. If you believe a third party has become aware of your password and is using your account without authorisation from you, please notify us immediately and we will take appropriate action, including suspending or deleting your account, at our discretion.
2.6. If we have reason to believe that there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you by email and require you to change your passwords, or we may suspend or delete your account, at our discretion.
2.7. We are not obliged to permit anyone to register with the Site and we reserve the right to refuse registration to anyone for any reason.
2.8. If you wish to cancel your registration, you may do so via the Site or alternatively please notify us and we will delete your registration.
3 Orders & Subscriptions
3.1. Users may decide to purchase Waste Disposal Bags either as a one-off purchase or as part of a subscription. Once the Waste Disposal Bags have been purchased, users will then be able to book a slot for the corresponding Waste Collection Services. The Waste Collection Services are included in the price of the Waste Disposal Bags but the Waste Collection Services must be booked within 12 months of the date of your order for the Waste Disposal Bags. After this period we will charge an additional fee for Waste Collection Services.
3.2. For information of our fees, subscription packages and collection options, please visit our Site. Alternatively, you may call us directly on 0203-442-0042.
3.3. Our Site explains how to place an order for the Waste Disposal Bags. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
3.4. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted at this stage.
3.5. We will confirm our acceptance of your order to you by sending you a confirmation e-mail that confirms that the Waste Disposal Bags have been dispatched.
3.6. Any order you may place with us is subject to availability of the Waste Disposal Bags ordered. We cannot and do not guarantee that any item shown on the Site will be available continuously or at any given time.
3.7. Any booking for Waste Collection Services is subject to availability of our drivers. We will endeavour to collect the Waste Disposal Bags on the agreed date, but any time given for collection is indicative only.
3.8. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item or are refunded (as the case may be).
3.9. If you choose to purchase a subscription for regular delivery of Waste Collection Bags, you agree to pay all applicable fees in accordance with the applicable subscription term, with the initial fee payable in advance of the relevant start date. Your subscription will continue for the minimum term as specified to you and will thereafter be automatically renewed for successive periods equivalent to the initial subscription term or as otherwise agreed between us in writing (each a “Renewal Period”) unless either party notifies the other in writing of termination, at least 1 month before the end of any Renewal Period, in which case your subscription shall terminate upon the expiry of the applicable Renewal Period and you will no longer have access to the Waste Collection Services after such date.
3.10. We will send you an email towards the end of your subscription informing you that your subscription will automatically renew and unless you cancel your subscription in accordance with these Terms we will be entitled to charge your debit or credit card with the subscription fees for the next subscription period.
3.11. A subscription will entitle you to a given number of Waste Disposal Bags (and associated Waste Collection Services) in each subscription period. Please note if you have failed to book the Waste Collection Services within the relevant period, you may carry over the unused Waste Collection Services into a new subscription period, such period not to exceed 12 months.
3.12. You are free to cancel your subscription at any time however you acknowledge and agree that upon cancelling your subscription, you will only be able to make bookings for the Waste Collection Services for the remainder of the relevant subscription term and all fees will still be due and payable by you for the full subscription term. We reserve the right to collect all outstanding fees from you.
3.13. We may offer differing levels of subscription and reserve the right to add or remove services from any subscription type as we see fit.
3.14. We reserve the right to change or amend our subscription fees or terms at any time. You will receive notice of these changes at least 30 days before any changes take effect. If you do not wish to continue your subscription at the revised fees or terms, you must terminate your account prior to these changes taking effect. Failure to do so will result in you being billed in full for the relevant subscription you signed up to, in agreement with these Terms, at the revised fee.
4 Fees and Payment
4.1. At the time you place an order for the Waste Disposal Bags, whether as part of a one-off purchase or as part of a subscription, you must give authority for payment and valid debit/credit card details (or other such details as we may require from time to time) will be required from you. We may take payment from you at any time between you placing the order and us accepting your order. If you have subscribed to regular delivery of Waste Collection Bags, payments will be taken via PayPal, Stripe or Apple Pay approximately 7 days prior to the date the Waste Disposal Bags are due to be dispatched to you.
4.2. All prices are expressed inclusive of any VAT payable and delivery charges unless otherwise stated.
4.3. We do not handle any payments ourselves and accordingly payments will be collected and processed via our third-party payment processor. You are also responsible for ensuring that your contact information, billing information and debit/credit card information is accurate and kept up to date. We will have no liability or responsibility with respect to this.
4.4. In the event that any fees due from you are outstanding, we, at our discretion:
4.4.1. May suspend your access to Site (including the account registered with us); and
4.4.2. May suspend the provision of the Waste Disposal Bags and Waste Collection Services.
4.4.3. Reserve the right to charge you interest in respect of the late payment of any sum due under these Terms (after as well as before judgment) at the rate of 4 per cent per annum above the base rate from time to time of the Bank of England from the due date until payment.
4.5. Other than as set out in this clause or elsewhere in these Terms, fees will only be refundable at our sole discretion.
5 Delivery & Collection
5.1. We are only able to deliver the Waste Disposal Bags and provide the Waste Collection Services to those areas in the UK as set out on our product page.
5.2. Once you have placed an order with us for the Waste Disposal Bags, delivery will be made to the address specified by you at the time the order was placed. If delivery charges are applicable, these will be specified at the time the order is placed.
5.3. We will endeavour to deliver the Waste Disposal Bags within 5 working days of the order being accepted, but we are not able to guarantee any specific delivery date. We will not be liable if we fail to do so in part or in full due to circumstances beyond our control. We will not collect any waste or rubbish which is not placed into our Waste Disposal Bags.
5.4. Once you have purchased the Waste Disposal Bags, you will be able to book a collection slot for the corresponding Waste Collection Services through the Site. Whilst we will use reasonable endeavours to ensure the filled Waste Disposal Bags are collected on the agreed date and within the relevant timeframe, we will not be liable for any failure to collect on the stated date due to circumstances beyond our control, or under circumstances where the provisions of Schedule 1 have not been complied with. Any timeframes on a given date which we provide are indicative only.
5.5. You agree that once we have collected Waste Disposal Bags from you, we will have title and ownership of the contents of the Waste Disposal Bags and that we will be entitled to dispose of the contents as we see fit (in accordance with applicable legislation).
6 Your Right to Cancel
6.1. After you have placed an order for the Waste Disposal Bags, you have a right to cancel the order within 14 days without giving any reason (whether or not the goods are faulty).
6.2. The cancellation period will start on the day you place your order and will end 14 days after you have taken physical possession of the Waste Disposal Bags.
6.3. To exercise the right to cancel, you must inform us, via email: email@example.com, by post to Bag ‘N’ Gone Waste Limited of 171 Earlscourt Road, London, England, SW5 9RF or by telephone: 0203-442-0042 of your decision to cancel this contract by a clear statement. You may also use the cancellation form attached at the bottom of these Terms at Schedule 2 but it is not compulsory.
6.4. 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.
6.5. If you choose to cancel the order, we will reimburse to you all payments received from you (including any costs of delivery) however we reserve the right to make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
6.6. We will make the reimbursement without undue delay and not later than –
6.6.1. 14 days after the day we receive back from you the Waste Disposal Bags supplied, or
6.6.2. (if earlier), 14 days after the day you provide evidence that you have returned the Waste Disposal Bags, or
6.6.3. if there were no Waste Disposal Bags supplied, 14 days after the day on which we are informed about your decision to cancel the order.
6.7. You agree to send the Waste Disposal Bags back to us without undue delay and in any event not later than 14 days from the day on which you inform us that you wish to cancel. The deadline is met if you send the goods back before the period of 14 days expires.
6.8. You will have to bear the cost of sending the Waste Disposal Bags back to us.
6.9. You do not have a right to cancel your order under this clause if, within the relevant cancellation period, you have:
6.9.1. used the Waste Disposal Bags or booked a collection slot for the Waste Collection Services; or
6.9.2. otherwise failed to comply with the applicable rules and restrictions in relation to the use of the Waste Collection Bags (“Waste Collection Guidance”). The Waste Collection Guidance is set out at the end of these terms.
6.10. Under the Consumer Rights Act 2015, any products supplied must be as described, fit for purpose and of satisfactory quality. If you wish to exercise your legal rights to reject faulty Waste Disposal Bags you must tell us within a reasonable time of discovering the defect (and if the defect is reasonably apparent immediately then you must tell us within 30 days). You will then need to return the faulty Waste Disposal Bags by post to us or (at our discretion) allow us to collect them from you. We will pay the costs of postage or collection.
7. Uses and Restrictions
7.1. You agree to comply with our Waste Collection Guidance, as outlined in Schedule 1, which set out the rules and restrictions relating to the use of our Waste Disposal Bags and Waste Collection Services. If the Waste Collection Guidelines have not been followed then our driver may refuse to collect the filled Waste Disposal Bags when they arrive at your premises and we will have no further obligation or liability to you.
7.2. The Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You agree not to translate, reverse engineer, decompile, disassemble, modify, create derivative works from or systematically extract and/or re-utilise parts of the Site without our express written consent or as expressly permitted by law.
7.3. You agree not to upload any files or post or publish any content on the Site that:
7.3.1. contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s device;
7.3.2. is illegal, offensive, inaccurate, misleading, defamatory or fraudulent.
If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Site and terminating your registration or subscription (as the case may be).
7.4. You agree that you will not:
7.4.1. advertise to or solicit the custom of other users without our express written consent;
7.4.2. solicit log-in information or access an account belonging to someone else;
7.4.3. do anything illegal, unlawful, misleading, malicious, or discriminatory using the Site;
7.4.4. do anything to suggest, express or imply that statements made by you are endorsed by us;
7.4.5. impersonate any other person whether or not that other person is a user of the Site.
7.5. If you come across any offensive, inaccurate or damaging material on the Site or if you are subject to any form of abuse or harassment we ask that you contact us immediately.
8.1. We will operate the Site and provide the Waste Collection Services with reasonable skill and care.
8.2. From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these Terms.
8.3. We will not be liable if content you have posted and stored on the Site is lost, corrupted or damaged.
8.4. As a convenience to you, the Site may include links to other websites or materials. We are not responsible for content on any such web page outside the Site so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable or otherwise be responsible in any way in relation to this.
8.5. We will not be liable under any circumstances if you fill the Waste Collection Bags with any items of value and we will not inspect the contents of Waste Collection Bags before we arrange for disposal of the relevant waste.
8.6. Subject to clause 8.8, we will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss arising as a result of any services we provide to you under, or in any other way connected with these Terms (whether suffered or incurred as a result of our negligence or otherwise) whether or not such losses were in the reasonable contemplation of the parties at the time the contract was entered into.
8.7. Subject to clause 8.8, our total liability to you in connection with the Waste Collection Services is limited to a maximum amount equal to i) the total charges paid by you for the Waste Collection Bags used with respect to the relevant services in the case of a one-off purchase or ii) where you have subscribed to regular delivery of Waste Collection Bags, the total charges paid by you for the Waste Collection Bag in the previous 6 months.
8.8. Nothing in these Terms limits or excludes our liability for death or personal injury arising as a result of our negligence or the negligence of our employees for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited by law.
9 Intellectual Property
9.1. The format and content of the Site is protected by copyright and we reserve all rights in relation to our copyright (whether owned or licensed to us) and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Site.
9.2. All intellectual property rights of any nature (whether registered or not and existing anywhere in the world) which are capable of existing in our Site and in any other materials, documents, or content created or provided by us belong and shall belong to us or our licensors (as the case may be), and you shall have no rights in or to the Site other than the right to access the services in accordance with these Terms.
10 Contact us
10.1. If you would like to place an order for Waste Disposal Bags over the telephone, please contact us at 0203-442-0042.
10.2.If you have any queries or wish to make any complaints about us or our products please contact us via firstname.lastname@example.org or write to us at Bag ‘N’ Gone Waste Limited of 171 Earlscourt Road, London, England, SW5 9RF]. If we have been unable to resolve your complaint or dispute please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which is available here:
11.1. We reserve the right at our discretion to remove any content from the Site, terminate your registration and/or subscription and restrict your access to our services at any time.
11.2. We may make changes to the format and content of the Site at any time without notice.
11.3. You shall comply with all foreign and local laws and regulations which apply to your use of our Site in whatever country you are physically located.
11.4. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
11.5. If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
11.6. We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
11.7. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
11.8. These Terms are between you and us. No other person shall have any rights to enforce any of its terms
11.9. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
WASTE DISPOSAL GUIDANCE
If you have purchased our Waste Disposal Bags and the associated Waste Collection Services, whether as a one-off purchase or as part of a subscription, you agree to comply with the provisions set out below.
– To fill the Waste Disposal Bags with builders waste, DIYers waste and general domestic household waste including by way of example unwanted clothes, books, DVD, CDs etc.
– Not to fill the Waste Disposal Bags with any food waste.
– Not to fill the Waste Disposal Bags with any clinical waste.
– Not to fill the Waste Disposal Bags with any confidential or otherwise sensitive papers or information.
– Not to fill the Waste Disposal Bags with any chemical or otherwise hazardous materials, including asbestos.
– Not to overfill the Waste Disposal Bags.
– To ensure the Waste Disposal Bags remain intact for collection.
– That you are solely responsible for the Waste Disposal Bags and their contents until the point of collection by our drivers.
– Waste Disposal Bags are subject to a 20kg weight limit per bag – if the weight exceeds this, the bag will not be collected and the waste will have to be redistributed into additional pre-paid Waste Disposal Bags and Waste Collection Services rebooked.
– To leave the filled Waste Disposal bags on the correct property boundary in clear sight and with easy access for our drivers. You may also be required to upload a picture of the filled Waste Disposal Bags through the website. You acknowledge and agree we have no liability in the event the Waste Disposal Bag is taken or otherwise used by a third party prior to us having taken physical collection.
– Any waste left near or otherwise outside of the Waste Disposal Bag will not be collected by us.
Paint: You may dispose of paint, provided it is properly contained in the relevant tin or tube.
Failure to comply
Failure to comply with any of the provisions in this Guidance will result in the Waste Disposal Bag(s) not being collected and we will have no further obligation or liability to you.
We will take a photograph of the Waste Disposal Bag and place a sticker on it, to inform you of the reason it has not been collected.
If you are unsure as to whether you can dispose of certain waste using our services, please contact us.
In accordance with the Terms, you can use the following cancellation form:
To: Bag ‘N’ Gone Waste Limited of 171 Earlscourt Road, London, England, SW5 9RF;
email: email@example.com ; telephone: 0203-442-0024
I hereby give notice that I cancel my contract of sale of the following goods and for the supply of the following services:
[Waste Collection Bags [and/or] Waste Collection Services] ……………………………………………………………………………………
Ordered on ……………………………………………………………………….
Received on ………………………………………………………………………
Name of consumer(s)……………………………………………………………
Address of consumer(s) ………………………………………………………….
Signed (you are only required to sign if returning by post)