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Terms & Conditions

Last updated: August 14, 2023

 

TERMS AND CONDITIONS

 

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you. You must read these terms and conditions to make sure that they contain all that you want and nothing that you're not happy with. If you're not sure about anything just phone us on +44 (0)7424 052 825.

Application

1. These Terms and Conditions apply to the purchase of the services by you (the Customer or you).
2. We are (Om Detailing Services) a company registered in England and Wales whose registered office is in Swansea with the email address support@omdetailings.com; telephone number +44 (0)
7424 052 825 (the Supplier us, or we).
3. These are the terms on which we sell all services to you. By ordering any of the services, you agree to be bound by these Terms and Conditions.

Interpretation

4. Consumer means an individual acting for purposes, which are wholly or mainly outside their trade business, craft or profession;
5. Contract means the legally binding agreement between you and us for the supply of the services;
6. Delivery Location means the customer’s premises or other location where the Services are to be supplied, as set out in the Order;
7. Goods means any goods that we supply you with the Services, of the number and description as set out in the Order;
8. Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
9. Services means the services, including any Goods, of the number and description set out in the Order.

Services

10. The description of the Services and any Goods is as set out in our website, catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only, and there may be small discrepancies in the end output or outcome of any Services supplied.
11. In the case of Services and any Good made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
12. All services are subject to availability.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Services Disclaimer

14. OM Detailing Services reserves the right to refuse service to a vehicle which is not in a conducive state for a rinseless wash or wax protection application. To avoid chances of abrasion during the service, the technician will assess the overall condition of the vehicle and may refuse service if it is heavily soiled and better suited for a wash with proper rinse. Similarly, if a wax protection service has been requested on a vehicle which is not clean and may pose harm to the car’s paint will be recommended that a wash service be booked first before the wax application. In both cases, the customer may cancel and reschedule the service or request a full refund by writing to support@omdetailings.com.

Plans

15. The description of the Plans is as set out in our website, catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only, and there may be small discrepancies in the end output or outcome supplied.

16. In the case of a Plan made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

17. All Plans are subject to availability.

18. We can make changes to the Plans which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Plans Cancellation & Refund

19. A plan can be cancelled at any time. The monthly recurring subscription once cancelled, stays active until the last date of the current billing cycle and cancels on the last date so the customer is not charged for the next billing cycle. During this period, if there is an unused service left for the current billing cycle, it can be booked and availed. Note that the subscription status for the plan shows as “Pending Cancellation” until the last date of the current billing cycle and changes to “Cancelled” after that.

20. The fixed fee (bulk-buy) plans once cancelled get cancelled immediately and none of the unused services can be availed after the cancellation. All refunds in case services have been left unused (no reason required for the cancellation other than for feedback and improvement purposes) will be calculated basis the below calculation (and paid in customer’s original method of payment within 5-7 business days)…
a. All services availed will be considered at the going rate of a single service when the bulk plan is bought
b. Any balance after deducting the amount derived by using the above point will be refunded (minus the “One-time plan fee” from the total amount paid for the plan)

21. The “One-time plan fee” is non-refundable for any plan.

Customer Responsibilities

22. You must cooperate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
23. Failure to comply with the above is a customer default which entitles us to suspend the performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the contract with immediate effect on written notice to you.

Basis of Sale

24. The description of the Services and any Goods in our website, catalogues, brochures, or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
25. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
26. A contract would be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
27. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 15 days from its date, unless we expressly withdraw it at an earlier time.
28. No variation of the contract whether about the description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
29. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with different contract terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Fees and Payment

30. The price (Fees or Price) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.

a. We reserve the right to change the price of any service or plan. Any such change will be applicable to future sales (and orders) and will not affect the purchases made prior to the date of such a change.
31. Fees and charges include VAT at the rate applicable at the time of the Order.
32. Payment for Services must be made within 5 days of invoice. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

33. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the contract is entered into.
34. In any case, regardless of events beyond our control. If we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount. (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
35. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can (in addition to any other remedies) through the Contract at the end, if:
a. we have refused to deliver the Services, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
36. If you treat a contract at the end, we will (in addition to other remedies) promptly return all payments made under the contract.
37. If you were entitled to treat the Contract at the end, but do not do so, you are not prevented from cancelling the Order for any Services or rejecting Services that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Services.
38. If any Services form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the services on the character of the unit) you cannot cancel or reject the Order for some of those Services without also cancelling or rejecting the Order for the rest of them.
39. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If, however, we accept an order for delivery outside that area, you may need to pay duties or taxes as we will not pay them.
40. You agree we may deliver the Services in instalments if you suffer a shortage of stock (man and or material) or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
41. If you or your nominee fail, through no fault of ours, to take the delivery of the Services at the Delivery Location, we may charge the reasonable costs of holding and redelivering them.
42. Aftercare of the vehicle will become your responsibility from the completion of delivery of the Service. You must, if reasonably practicable examine the Services before excepting them.

Risk and Title

43. Risk of damage to the vehicle will pass to you when the services have been delivered.
44. You do not own the right of the Services until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Services still owned by you.

Withdrawal and cancellation

45. You can withdraw the order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
46. You can cancel the Contract, except for any Services which are made to your special requirements, by telling us no later than 15 calendar days from the day the Contract was entered into. Then we must without delay refund to you with a price for the services which have been paid for in advance, but we can retain any separate service charge. This does not affect your rights when the reason for the cancellation is any defective Services.
a. for rescheduling the Services, notify us at least 48hours before the Services’ scheduled time and;
b. Services can be cancelled anytime with no liability of fee or charge to the customer.

Conformity and guarantee

47. We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
48. Upon delivery, the Services will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
49. It is not a failure to conform if the failure has its origin in your materials.
50. We will supply the Services with reasonable skill and care.
51. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the provider of the Services. Details of the guarantee are set out in the service provider’s guarantee provided with the Services. Guarantee will take affect at the time the Services are delivered, and will not reduce your legal rights.
52. We will provide the following after sales services:
a. customer greivance handling.
b. customer feedback implementation.
53. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you  on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

54. The Contract continues as long as it takes us to perform the Services.
55. Either you or we may terminate the Contract or suspended the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serous breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
56. On termination of the Contact for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

57. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
58. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found at https://www.omdetailings.com/privacy-policy
59. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
60. We are a Data Controller of the Personal Data we Process in providing the Services to you.
61. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
62. For any enquiries or complaints regarding data privacy, you can email: support@omdetailings.com

Successors and our sub-contractors

63. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

64. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel.

Excluding liability

65. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Customer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

66. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
67. Disputes can be submitted to the jurisdiction of the courts of England and Wales, or where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland, or Northern Ireland respectively.
68. We try to avoid any dispute, so deal with complaints as follows:
if a customer is dissatisfied with the Services we have provided, they should contact us within two days of the Service, so we can discuss potential solutions.
69. We aim to follow these codes of conduct, copies of which you can obtain as follows:
a. SIC Code 7542

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

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