- These terms
- What these terms cover. These are the terms and conditions on which we supply repair services to you.
- 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 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.
- Information about us and how to contact us
- Who we are. We are Take the Weekend Off Limited (trading as Shine!) a company registered in England and Wales. Our company registration number is 04824792 and our registered office is at 3rd Floor, 114a Cromwell Road, London, SW7 4AG.
- How to contact us. You can contact our customer service team by writing to us at enquiries@shinerepair.com or Shine!, Unit 12 Rawdon Business Park, Marquis Drive, Moira, Derbyshire, DE12 6EJ or by calling us on 0800 0321 067.
- 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 you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- Before placing an order, you must contact us (either via email or using the link on our website) for a quote to carry out the repair services. Upon receiving your request, we will send you a quote via email. Our quotes are valid for 14 days from the date of issue (unless we agree otherwise in writing). All quotes are subject to revision prior to the repair services being carried out and where there is a change of price, we will notify you of this (via email) and provide you with a new quote.
- Photographs of damage. You are required to provide us with photographs of the damage to your vehicle before requesting a quote from us. We will base our quote for the repair services using the photographs you have provided. In the event that the damage to your vehicle does not match the damage shown on the photographs, we have the right to provide a new quote for repairing any damage other than that which is shown in the photographs (Additional Damage). If you do not accept the quote for the Additional Damage, we will not repair the Additional Damage.
- How we will accept your order. If you would like to proceed with our quote for the repair services, you must contact us to arrange an appointment (please see clause 4.2 below). Our acceptance of your order will take place when we confirm your appointment for the repair services by emailing you, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services or because we are unable to meet the appointment time that you have specified.
- We only sell to the UK. Our website is solely for the promotion of our services in mainland UK. Unfortunately, we do not accept orders from addresses outside the UK or from locations with the following postcodes “KW, IV, PH and AB”.
- Our repair services and appointment location
- Making sure the information you provide is accurate. We will provide the repair services based on the information (and any photographs) that you provide. Accordingly, you are responsible for ensuring that all information you provide is accurate (e.g. any information relating to the colour, make and model of your vehicle, together with details of where the damage is located on the vehicle). We will not be responsible for performing the repair services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- How to book an appointment. You must contact us on 0800 0321 067 to arrange an appointment for the repair services. Please have details of your quote available to assist our team with arranging your appointment.
- Appointment location. Before an appointment can be booked, you will need to provide us with location details to carry out the repair services. We reserve the right to decide upon the suitability of the location and we will not, under any circumstance, be obliged to complete any repair services if we deem the location as unsafe or unsuitable.
- Appointment location requirements. It is your responsibility to provide us with a location that would be suitable for us to carry out the repair services. All locations must be situated in mainland UK, excluding locations in the following postcodes “KW, IV, PH and AB”. The location must be off-road (for example, a drive way or off the street parking) and you must ensure that you have the necessary permission and consents from the respective persons/company to carry out the repair at that location (e.g. the permission of your employer to carry out the repair in a work car park). If you require us to carry out the repair services in a car park at your workplace, we must have at least 3 car parking spaces available to carry out the services. When booking the appointment, our advisor will discuss the location requirements with you, depending on the location in which you would like the repair to be carried out.
- What happens if the appointment location is unsuitable? If, upon attending the appointment location, we find that the location is unsuitable, for whatever reason (including, without limitation, because it is unsafe or because you do not have the owner’s consent to carry out the repair at that location), you will have to rearrange the appointment for another day, at an alternative location. We will not carry out the repair services at the unsuitable location.
- Your rights to make changes and changing the appointment date
- Change in repair services. If you wish to make a change to the repair services that you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the repair 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
- Changing the appointment date. If you wish to amend the appointment date (but not cancel the contract as a whole, as set out in clause 8), you must contact us by phone or email and provide us with at least 24 hours’ notice. If you fail to provide us with at least 24 hours notice for rearranging an appointment, we will charge you an administration fee of £10. This clause does not affect your statutory rights to terminate the contract during the cooling off period (please see clause 8).
- Our rights to make changes
- Minor changes to the services. We may change the repair services that we provide to reflect changes in relevant laws and regulatory requirements.
- Additional Damage. As mentioned above, we may need to make a change to the repair services to attend to any Additional Damage, that we were not aware of when providing you with a quote to carry out the repair and/or when arranging the appointment with you.
- Providing the repair services
- Quality of repair services. Please note that the repairs services we provide will not be identical to an automotive factory finish, which is machine sprayed to tolerances beyond human capability. Our repairs will not be provided on a “good as new” basis. However, in normal circumstances, a repair is unlikely to be detected on the vehicle, once we have carried out the repair services.
- Identification of repairs. End of lease inspectors may, as trained experts in their field, be able to identify repairs. We accept no liability for any cost incurred by any end of lease inspector.
- Circumstances in which we may not be able to carry out a repair. There are a number of circumstances in which we may not be able to undertake repair services. These include but are not limited to:
- repairs that require the removal of parts;
- repair methods that may damage or hinder technology in the vehicle;
- if the damage to the vehicle is corroded, cracked or perforated; or
- if the expectations of the repair are beyond human capability (as determined by us).
- What if we cannot complete the repair services in full. When attending the appointment location, our technician will assess the repair to the vehicle and if the technician determines that we are unable to complete the repair services in full, using our repair methods, we will not carry out the repair services at all and we will reschedule the appointment for another day. Please note, this does not relate to the completion of any repair services on Additional Damage. If you do not wish to rearrange the appointment for another day, we will cancel the contract between you and us and provide you with a refund for the services that you purchased and which were not provided to you.
- We are not responsible for delays outside our control. If the provision of the repair services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. This also includes circumstances where the weather conditions are such that it is not safe for our technician to carry out or complete the repair services or the repair services cannot be carried out to the required standards set out in the quote. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any repair services you have paid for but not received.
- If you do not allow us access to provide the repair services. If you do not allow us access to the appointment location to perform the repair services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange another appointment we may end the contract and clause 2 will apply.
- Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the repair service re-performed or, where we are unable to re-perform the repair services (or appoint a third party to carry out the repair service) you may be entitled to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the services, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any repair services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the repair services or these terms which you do not agree to;
- we have told you about an error in the price or description of the repair services you have ordered and you do not wish to proceed;
- there is a risk that supply of the repair services may be significantly delayed because of events outside our control;
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought over the telephone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When you don’t have the right to change your mind. You do not have a right to change your mind in relation to the repair services, once these have been completed, even if the cancellation period is still running.
- 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 to cancel your appointment. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided in full. Please note that if you book an appointment for a date within 14 days from the date that we accept your order, you are effectively shortening your cancellation period.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the repair services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer services on 0800 0321 067 or emailing us at enquiries@shinerepair.com. Please provide details of your appointment date when contacting us to cancel.
- How we will refund you. We will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the repair service for the period for which it was supplied, ending with the time when 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.
- 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 the refund will be made within 10 working days of your telling us you have changed your mind.
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the repair services;
- you do not, within a reasonable time, allow us access the appointment location to supply the repair services;
- you or anyone accompanying you is behaving or has behaved in a threatening or abusive manner to our employees, agents or any third-party contractor;
- the circumstances surrounding the vehicle (e.g. location) is, in our reasonable opinion a risk to health and safety of our employees, agents or contractors and/or if carrying out the repair services at that location could cause a breach of any statutory or regulatory requirements; or
- if we determine, using our discretion, that the vehicle is in a dangerous condition.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for the services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you break it. We may end the contract at any time by writing to you if:
- If there is a problem with the
- How to tell us about problems. If you have any questions or complaints about the repair services we have provided, please contact us. You can telephone our customer service team on 0800 0321 067 or write to us at enquiries@shinerepair.com or Shine!, Unit 12 Rawdon Business Park, Marquis Drive, Moira, Derbyshire, DE12 6EJ.
- Your legal rights. We are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- Price and payment
- Where to find the price for the services. The price of the repair services (which includes VAT) will be the price as set out in our quote and as confirmed with you over the phone when you call us to arrange an appointment. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- 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 service, we will adjust the rate of VAT that you pay, unless you have already paid for the repair services in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, the price may be wrong. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
- When you must pay and how you must pay. We accept payments from all major Credit and Debit Cards, except American Express. You must pay us the full amount of the repair services (as set out in the relevant quote) at the time of booking an appointment. No appointment will be booked until such time as we receive payment in full.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. Without prejudice to the provisions of clause 8.1, 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.
- 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; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the services.
- When we are liable for damage to your property. We will make good any damage to your vehicle and property caused by us while carrying out the repair services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your vehicle and/or property that we discover while providing the services. If you appoint a third party to carry out any repairs of the damage without our prior written approval, we will not be responsible for the payment of such third party costs. We will also not reimburse or compensate you for any stress or emotional upset, inconvenience or loss of revenue, loss of income or loss of use of the vehicle and/or property as a result of such damage.
- We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Guarantee
- Our guarantee for the repair services. Any repairs that we carry out are warranted from the date that the repairs are carried out and for the duration of your ownership of the vehicle.
- Claiming under the guarantee. In the event that you wish to claim under the guarantee, you must contact us via email enquiries@shinerepair.com. We will require photographic evidence of the alleged issue and a description of the alleged defect. If you fail to provide this information, we will not assess your claim under the guarantee. Upon receipt of the required information, we will assess your claim and respond to you within 7 working days. If, following our assessment, we agree that the alleged defect is caused by our repair services, we will arrange for this to be rectified free of charge.
- What the guarantee does not cover. The guarantee provided in clause 14.1 does not cover:
- corrosion or rust (whether or not it is evident before the repair services were carried out);
- failure of the surface to which the repair is applied (e.g. as the result of a previous aftermarket repair);
- further accident or impact (including but not limited to stone chipping);
- inappropriate aftercare, contrary to instructions supplied upon completion of the repairs;
- any work that was carried out without our approval;
- any work that was carried out as a good will gesture.
- Limitations on the guarantee. All remedial work will be carried out by us unless otherwise agreed in writing by us. Any work carried out by a third party without our prior written approval may invalidate your guarantee. We will not accept charges for any rectification work carried out by a third party. Any refund or liability shall be limited to an amount equal to the value of the repair services as indicated on the quotation provided by us. The guarantee is non-transferable and is strictly limited to the repair services carried out by us.
- How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy by accessing the following web link [Privacy Policy].
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for repair services not provided.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. You cannot under any circumstance transfer the guarantee provided in clause 14 to another person.
- 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.
- 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.
- 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.
- 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. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.