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 you want and nothing you are not happy with

Application

1. These terms and conditions will apply to the purchase of the goods and services by you (The customer or you). We are Fresh Fibre Ltd a company registered in England and Wales under number 14734292 whose registered office is Top Floor, 3-5 St Paul’s Square, Birmingham, West Midlands, B3 1QU, with email address hello@freshfibre.co.uk (the supplier or us or we).
2. 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. You can only purchase the services and goods from the website if you are eligible to enter a contract and are at least 18 years old.

Interpreting

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
4. Contract means the legally binding agreement between you and us for the supply of the services
5. Delivery Location means the consumers premises or other locations where the services are the service to be supplied as set out in the order
6. Durable Media means paper or email or any other medium that allows information to be addressed personally to the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information and allows the unchanged reproduction of the information stored.
7. Goods means any goods that we supply to you with the services, of the number and description as set out in the order
8. Order means the customers order for the services from the supplier as submitted following the step-by-step process set out in the website
9. Privacy Policy means the terms which we set out how we will deal with confidential and personal information from you via the website
10. Services means the services advertised on the website, including any goods, of the number and description set in this order
11. Website means our website, www.freshfibre.co.uk on which the services are advertised.

Services

12. The description of the services and any goods is as set out in the website, catalogue, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.
13. In the case of the services and any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate
14. All services which appear on the website are subject to availability
15. 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.

Customer responsibilities

16. You co-operate with us all matters relating to the services, provide us and our authorized employees and representatives with access to any premises under your control as required, provide us with all information required to provide the services and obtain any necessary licenses and consents
17. Failure to comply with the above is a customer default which enables us to suspend 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

Personal information and registration

18. When registering to use the website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep it secret.
19. We retain and use all information strictly under the privacy policy
20. We may contact you by using email or other electronic communication and by pre-paid post and you expressly agree to this

Basis of sale

21. The description of the services and any goods in our website does not constitute and contractual offer to sell the goods and services
22. The order process is set on the website. Each step allows you to check and amend any errors before submitting your order. It is your responsibility to check that you have used the ordering process correctly.
23. A contract will be formed for the services ordered only when you receive an email from us confirming the order (order confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving confirmation of the contract by email with all the information in it (i.e. the order confirmation). You will receive the order confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any goods supplied under the contract and before performance begins of any of the services.
24. Any quotation or estimate of fees (as defined below) is valid for a maximum period of 7 days from its date unless we expressly withdraw it at an earlier time.
25. No variation of the contract, whether about 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 supplier in writing.
26. We intend that these terms and conditions apply only to a contract entered by you as a consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might in some respects be better for you, e.g., by giving your rights a business.

Fees and payment

27. The fees for the services, the price of goods (if not included in the fees) and any other additional delivery charge or other charges is that set out on the website at the date we accept the order or such other price we agree in writing. Prices for services may be calculated on a fixed price or on a standard rate basis. Prices will increase in line with CPI each April with an additional percentage fee. You will be notified of these changes
28. Fees and charges include VAT at the rate applicable to the order.
29. You must pay by submitting your payments details with your order and we can take payment immediately or otherwise before delivery of the service

Delivery

30. We will deliver the services, including any goods, to the delivery location by the time or within the agreed period or, failing any agreement
31. In the case of services, within a reasonable time: and
32. In the case of goods, without undue delay and, in any event, not more than 30 days after the day on which the contract is entered into.
33. For install there must be someone over the age of 18 in the property.
34. If the property is vacant on the day of install or less than 24 hours is given by the consumer, then a £50 charge will be incurred.

31 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 reserve a refund for anything paid already the reduced amount) The amount of the reduction can, where appropriate, be up to the full amount of the fees or charges

32. In any case, regardless of events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the contract at an end if
33. we have refused to deliver the goods, or if the delivery on time is essential considering all the relevant circumstances at the time of the contract was made, or you said to us before the contract was made that the delivery on time was essential: or
34. 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 in that period.
35. If you treat the contract to an end, we will (in addition to any remedies) promptly return all payments under the contract.
36. If you were entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the order for any goods or rejecting goods that have been delivered and if you do this, we will (in addition to any other remedies) without delay return all payments made under the contract for any such cancelled or rejected goods. If the goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the cost for this.
37. If any goods from a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the goods or the character of the unit) you cannot reject or cancel the order for some of those goods without rejecting or cancelling the order for the rest of them
38. We do not generally to deliver to addresses outside England and Wales, Scotland, Northern Ireland, The Isle of Man and the Channel Islands. If however, we accept an order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them
39. You agree we may deliver the goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you will not be liable for extra charges.
40. if you or your nominees fail, through to fault of ours, to take delivery of the services at the delivery location, we may charge the reasonable cost of storing and redelivering them.
41. The goods will become your responsibility from the completion of delivery or customer collection. You must, if reasonably practicable, examine the goods before accepting them.

Risk and title

40. Risk of damage to, or loss of goods, will pass to you when goods have been delivered to you
41. You do not own the goods until we have received payment in full. If payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any deliveries and end the right to use any goods still owned by you, in which case you must return them or allow us to collect them. On a monthly rolling contract the goods will be your property due to the up-front charges on subscribing to the service

Withdrawals and cancellations

42. You can withdraw the order by telling us before the contract is made, if you simply change your mind and without giving us a reason and without occurring any liability
43. This is a distant contract which has the cancellation rights set out below
44. You may cancel this contract within 14 days without giving a reason
45. The cancellation period will expire 14 days after the day following the date on which the contract is concluded. This means the cooling-off period for all customers will start the day after the signup date, applicable solely to the provision of our services.
46. To exercise the right to cancel, you must inform us of your decision in a clear statement setting out your decision (e.g., a letter sent by post or email). The cancellation fees will vary dependent on package and months left and we will inform you of this fee before a cancellation is activated.
47. To meet the cancellation deadline, it is sufficient to send communication concerning your exercise of you right before the cancellation period has ended
48. We must not begin the supply of a service (or part of a service) before the end of a cancellation period unless you have made an express request for this to happen
49. Any late payments for service will incur a £10 late fee per billing month, in addition to this there will be a £60 equipment fee if the service isn’t reinstated due to payment history
50. Except as set out below, if you cancel this contract within the specified cooling-off period, we will reimburse all payments received from you.
51. Where a service is provided before the end of a cancellation period in response to your express request to do so, you must pay us to supply the period for which the service was provided for, ending the time you told us to cancel the contract.
52. We may 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. This is because you are liable for that loss and if that deduction isn’t made, you must pay us the amount of that loss.
53. If we have not offered to collect the goods, we will make the reimbursement without undue delay
54. If we have offered to collect the goods, or if no goods were supplied, we will reimburse them within 14 days after you have notified us about your decision to cancel the contract.
55. We will make the reimbursement using the same means of payment you used for the initial transaction unless you have expressly agreed otherwise.
56. For these cancellations’ rights, the words have the following meanings:
57. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service provisions scheme without the simultaneous physical presence of trader and the consumer.
58. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer who pays or agrees to pay the price, including any contract that has goods and services as its object.
59. If we supply a reference for a paid return via courier for exchange, then the goods must be returned within 30 days otherwise a £50 equipment charge will be added to the current billing cycle

Conformity

58. We have a legal duty to supply the goods in conformity with the contract if it does not meet the obligations
59. It is not a failure to conform if the failure has its origin in your materials
60. We will supply the services with reasonable care and skill
61. We will provide after sales service

Duration, termination, and suspension

62. The contract continues as long as it takes us to perform the service
63. Either you or we may terminate the contract or suspend the service at any time by a written notice of termination or suspension to the other if that other:
64. commits a serious breach, or a serious of breaches resulting in a serious breach of the contract and the breach cannot be or is not fixed within 30 days of the written notice or:
65. is subject to any step towards its bankruptcy or liquidation.
66. On termination of the contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and sub-contractors

65. Either party can transfer the benefit of this contract to someone else and will remain liable to the other obligations under the contract. The supplier will be liable for the actions of the subcontractors who choose to help us perform duties.

Circumstances beyond the control of either party

66. In the event of any further failure by a party because of something beyond its reasonable control
67. the party will advise the other party as soon as reasonably practicable.
68. the party’s obligations will be suspended so far as is reasonable provided that that party will not be liable for any failure which it could not reasonably avoid but this will not affect the customers above rights relating to delivery.

Privacy

67. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.
68. The terms and conditions should be read alongside and are in addition to our policies including our privacy policy.
69. For the purposes of the terms and conditions:
70. Data Protection Law means any applicable law relating to the processing of Personal Data including but not limited to the GDPR.
71. GDPR means the UK General Data Protection Regulation
72. “Data Controller”, “Personal Data” and “Processing” shall have the same meaning as in the GDPR.
73. We are a data controller of the personal data we process in providing services and goods to you.

Excluding liability

71. The supplier does not exclude liability for (i) any fraudulent act or omission or (ii) death or personal injury caused by negligence or breach of the suppliers’ other legal obligations. Subject (i) loss which was not reasonably foreseeable to either party at the time the contract was made or (ii) loss to business, trade, craft or profession which would not be suffered by a consumer.

Governing law, jurisdiction, and complaints

72. The contract (including any non-contractual matters) is governed by the law of England and Wales
73. 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 respective courts of Scotland and Northern Ireland
74. We try to avoid any dispute, so we deal with complaints through mediation in the first instance, with a response time shorter than 8 weeks

Switching to Fresh Fibre

75. You will need to let your current Broadband provider know you’re leaving as we’re unfortunately unable to contact them on your behalf. We will not cover any exit fees from a previous supplier.