1.1 App – means the software application known as Home Solutions from John Lewis and related services provided by us
1.2 Appointment – means the time that the booking will be carried out;
1.3 Booking – means a booking made by you on the website, app or phone for a trade professional to attend your property, either to provide a service or to provide a fixed price quote for a quotation job (as applicable);
1.4 Confirmation – shall have the meaning given in Paragraph 9.13;
1.5 Estimate price – means the estimated price provided when you place a booking for an estimated price job that is based on the information you have provided us about the services;
1.6 Estimate price job – shall have the meaning given in Paragraph 6.1;
1.7 Fixed Price – shall have the meaning given in Paragraph 6.3(c);
1.8 Materials – shall have the meaning given in Paragraph 9.5;
1.9 Minimum Safe Standard Quote – shall have the meaning given in Paragraph 9.7(b)(ii);
1.10 Phone – means the process of making a booking via a phone call to our customer services team on 020 3739 9198;
1.11 Price payable– means the price which you are required to pay for the services which shall be:
1.11.1 for a quotation job, the fixed price;
1.11.2 for an estimate price job, either the estimate price or the updated price as calculated in accordance with paragraphs 9.6 to 9.9;
1.12 Quotation job – shall have the meaning given in Paragraph 6.1;
1.13 Service – means the provision of a skilled trade (including gardening, painting, decorating, plumbing, electrical services, gas-safe plumbing, carpentry and plastering) for a particular purpose as set out in a booking;
1.14 Trade professional – means a representative of the company who carries out the services;
1.15 Terms and conditions – means these terms and conditions;
1.16 Updated price – shall have the meaning given in Paragraph 9.9
1.17 We/us/our – means John Lewis plc;
1.18 Website – means the website at www.johnlewishomesolutions.co.uk;
1.19 Works – shall mean the services provided during an appointment; and
1.20 You – means the person or organisation who places a booking through the website, app or by phone.
2 WHO WE ARE AND HOW TO CONTACT US
2.1 For any queries regarding our service, please contact our customer service team by phone on 020 3739 9198 or email on firstname.lastname@example.org
2.2 Our company details are: John Lewis PLC Registered in: England and Wales Company registration number: 00233462 Registered office: 171 Victoria Street, London, SW1E 5NN VAT number: GB232457280.
3.1 These are the terms and conditions on which we arrange for a trade professional to provide Services to you. By placing a booking for the provision of services via the website, the app or phone you agree to be bound by these terms and conditions.
3.3 Please read these terms and conditions carefully and print and keep a copy of them for your reference.
3.4 These terms and conditions apply to your booking. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders or requests for subscription services. We reserve the right to:
3.5 modify or withdraw, temporarily or permanently, the website or app (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website or app; and/or
3.5.1 change the terms and conditions from time to time, and your continued placing of bookings following such change shall be deemed to be your acceptance of such change.
3.5.2 It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately deactivate your registration and/or cease to make booking.
3.6 Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods or services which are not provided with reasonable care and skill. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau.
4 IDENTITY OF TRADE PROFESSIONAL
4.1 Your contract for the provision of the services and the booking shall be made with us. However, we shall be entitled to appoint sub-contractors or third party providers to carry out the services on our behalf (referred to in these terms and conditions as a trade professional).
5.1 The services on this website are only available:
5.1.1 in the United Kingdom;
5.1.2 if you provide a valid email address and phone number; and
5.1.3 to those aged 18 years and over.
5.2 We reserve the right to refuse or decline a booking at our own discretion. Where we agree to complete a booking for you, those services shall be undertaken by the trade professional at its absolute discretion.
5.3 You will be required to register if you wish to use the booking services available on the App. We may decline a registration request at our sole discretion. By registering for the booking services, you agree to these terms and conditions and agree that:
5.3.1 the personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
5.3.2 you will notify us immediately of any changes to the personal information by updating your details on the 'My Details' page on the App, or by contacting us on the details set out in Paragraph 2.
5.4 You may deactivate your registration for the App at any time on the App or by contacting the customer services team on 020 3739 9198.
5.5 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
6 BOOKING PROCESS AND APPOINTMENTS
6.1 You may create and place a booking by phone or by following the process set out on the website or app. You will be guided through this process by a series of simple instructions and questions about the services on the website or app, or if you are booking by phone, by our customer services team. You must describe the Service required as accurately and fully as possible when answering these questions to provide us with a reliable basis for calculation. Based on the information provided we will lead you through the process to create a booking by either providing an estimate price for the services (an "Estimate Price Job”) or we will arrange for a trade professional to give a fixed price for the job (a “Quotation Job”), following the process set out below.
6.2 Estimate price job
6.2.1 We will immediately provide you with an estimate price for the booking;
6.2.2 If you are happy with the estimate price you will be provided with a number of available timings for a trade professional to attend your property (if any are available) to carry out the services; and
6.2.3 You can complete your booking by selecting an available time slot for your appointment and pressing the “book” button or, if you are booking by phone, informing the customer services team of your preferred Appointment slot, and securing the booking by entering your payment details.
6.3 Quotation Job
6.3.1 Where we are unable to accurately determine the scope of services we will provide you with a number of available timings for a trade professional to attend your property (if any are available) to assess the scope of work and provide a fixed price for the services. Quotations will be charged at the cost displayed at the point of booking and that this cost will be deducted from the quoted cost for the work if you choose to book. You may select an available appointment by pressing the “book” button or, if you are booking by phone, informing the customer services team of your preferred appointment slot;
6.3.2 During the appointment the trade professional will investigate the Works required and, based on this investigation, we will provide you with a fixed price quote for the Works to be carried out via email within five (5) working days to the email address you provided when making the booking (the “fixed price”);
6.3.3 If you are happy with the fixed price you can accept it within the timescales set out in Paragraph 9.2 via the app, the website or by contacting the customer services team on 020 3739 9198, after which you will be provided with a number of timings for a trade professional to attend your property (if any are available) to carry out the services at the fixed price.
6.3.4 You can complete your booking by selecting an available time slot for your appointment and pressing the “Book” button or, if you are booking by Phone, informing the customer services team of your preferred appointment slot, and securing the booking by entering your payment details.
6.4 Once we have received your booking, we will send you an order acknowledgment email detailing the services that you have booked and the time slot for your appointment. Details of your booking can also be found on the app or the website on the “My Bookings” page.
6.5 The trade professional will contact you twenty four (24) hours before the time slot for your appointment to inform you of the exact time they will arrive to carry out the services.
6.6 We reserve the right to restrict bookings or appointments in certain areas. This includes the right to withdraw our services to you if you repeatedly cancel, or fail to attend, your appointment or in other exceptional circumstances.
7 YOUR RIGHTS TO CANCEL OR CHANGE AN APPOINTMENT
7.1 Estimate price jobs:
7.1.1 You can re-arrange your appointment at any point prior to your appointment without any charge.
7.1.2 You can cancel your booking without charge at any time up to 24 (twenty four) hours before the appointment is due to start. If the appointment is cancelled after that or if you fail to attend your appointment, you will incur a 50% charge of the estimate price.
7.2 Quotation Jobs:
7.2.1 You can re-arrange your appointment at any time prior to your appointment without any charge.
7.2.2 You can cancel your appointment at any time. However, once you have accepted the fixed price and arranged an appointment for the trade professional to carry out the services in accordance with Paragraph 6.3, you will be liable for the full payment of charges due.
7.2.3 To re-arrange or cancel, contact your trade professional on the contact details provided in your confirmation email, through the app or contact the customer services team on 020 3739 9198.
8 OUR RIGHTS TO CANCEL OR CHANGE AN APPOINTMENT
8.1 We will use reasonable endeavours to attend the agreed appointment. However if, for reasons beyond our control, we have to change or cancel an appointment or booking we shall be entitled to do so. If this is the case we (or the trade professional) shall notify you as soon as possible.
8.2 Where the timing of an appointment is to be revised we or the trade professional shall notify you of the new estimated time of the appointment. If you are not available at this time you should notify us by contacting the customer services team on 020 3739 9198.
8.3 Where the date of an appointment is to be revised the customer services team will call you to provide you with available dates and times for the appointment.
9 PRICING AND PAYMENT
9.1 Pricing - All charges are inclusive of VAT at the prevailing rate.
9.2 Quotation job - any fixed price provided for a quotation job will be available for your acceptance for a period of 30 days from the date on which it was provided.
9.3 We reserve the right to amend or revoke a fixed price during the period specified in Paragraph 9.2 on notice to you
9.4 We shall only be bound by any fixed price given in writing. We shall not be bound by any fixed price given orally.
9.5 Estimate price job - When a booking is made for an estimate price job, the estimate price we provide to you on the placing of your booking is based on the information you provide to us about the Service. The estimate price includes the price for the services only and does not include the cost of any additional materials that will be required to complete the services (“materials”).
9.6 If, on attending the appointment, the trade professional deems the information you provided regarding the services to be accurate the estimate price shall be the price payable for the services.
9.7 If, on attending the appointment, the trade professional discovers that the services are not as anticipated, or there are other factors affecting the services, and the services will cost more than the estimated price and/or will require additional Materials they will:
9.7.1 notify you as soon as they become aware of the additional services and/or Materials required; and
9.7.2 provide you with:
126.96.36.199 a fixed price for the full completion of the services (the “Full Price”); and
188.8.131.52 ("Minimum Safe Standard Quote”).
9.8 You will then have the choice to:
9.8.1 re-contract the trade professional to complete the services for the full price; or
9.8.2 re-contract the trade professional at the Minimum Safe Standard Quote; or
9.8.3 refuse both the full price and the Minimum Safe Standard Quote and leave the job as it is, in which case we accept no responsibility for any work undertaken or consequential events.
9.9 If you select to re-contract for the full price or minimum safe standard quote under Paragraph 9.8 above, the trade professional will update the estimate price on the app or by email to the email address you provided when making the booking (the “Updated Price”). At this point the scope of the services shall be amended and the updated price shall be the price payable for those services (rather than the estimate price).
9.10 If you select to re-contract for the full price or minimum safe standard quote under Paragraph 9.8 above, the trade professional will update the estimate price on the app or by email to the email address you provided when making the booking (the “Updated Price”). At this point the scope of the services shall be amended and the updated price shall be the price payable for those services (rather than the estimate price).
9.11 Vouchers - We may, at our sole discretion, issue promotional codes and/or vouchers. Use of the voucher or promotional codes will be subject to any terms and conditions attached to or provided in conjunction with a voucher/code and
9.11.1 only one voucher or promotional code can be redeemed per order, multiple vouchers per order are not permitted and cannot be used with any other offer unless explicitly stated;
9.11.2 if the price payable is greater than the value of the redeemed voucher or promotional code, the remaining amount is payable by you using your chosen payment method;
9.11.3 vouchers and promotional codes are only valid for one use. Once the gift voucher or promotional code has been used (whether in an authorised or unauthorised manner) it will become void; and
9.11.4 vouchers and promotional codes must be used by the specified expiry date and will become void after this date if not used.
9.12 Payment - We are a company that our customers trust, both on the high street and online. We understand your concerns with security and your peace of mind and safety are of the utmost importance to us. By registering a booking with us, you authorise our third party payment provider to store your payment details and take payment and/or to charge your payment card for the relevant amounts and at the relevant times.
9.13 To terminate your authorisation or change your payment method please contact us on the details set out in Paragraph 2. It is your responsibility to update your payment card details as necessary.
9.14 Once the Works have been completed, unless you notify us of any issues, failures or incomplete Works within forty-eight (48) hours, you shall be deemed to have provided confirmation that the services have been successfully provided (“Confirmation”).
9.15 We will take your payment of the price twenty-four hours after confirmation has been deemed to be provided in accordance with Paragraph 9.13.
9.16 Refer a Friend Terms and Conditions
9.16.1 You can refer family members and friends to our services by logging into your online Home Solutions from John Lewis account and sending your unique referral code to your family and friends via SMS, email or social media.
9.16.2 Any family member or friend booking their first job with us through a referral will, subject to the rest of these terms and conditions, be entitled to £10 credit towards their first booking. The credit will automatically be applied when booking their first job.
9.16.3 For each family member or friend that uses us to complete a job directly through your referral, you’ll automatically receive a £10 credit on your Home Solutions from John Lewis account that, subject to the rest of these terms and conditions, can be redeemed against your next job booking with us. You’ll only be entitled to receive the £10 credit on your account upon completion of a job through a referral, and all credit will be automatically applied to your account within 7 days of job completion. All credit on your account, up to a maximum of £30 per calendar month, will be automatically deducted from your next booking with us. If you’ve already received a £30 deduction in one calendar month, then any remaining credit will be deducted from your first booking in the following calendar month. There’s no limit on the number of referrals you can make and the amount of credit that you can accrue on your Home Solutions from John Lewis account.
9.16.4 Credit accrued through the Refer a Friend scheme may not be (i) combined with other offers, discounts, referrals, or gift cards; (ii) sold or transferred; or (iii) redeemed for cash. Any credit on Your Home Solutions from John Lewis account account will expire and be forfeited if you haven’t booked a job within 12 months of the credit being applied to your account.
9.16.5 You’re only entitled to receive £10 for the first job completed through a referral by each individual family member or friend. You’re not entitled to receive any credit for subsequent jobs completed by that same family member or friend.
9.16.6 To be eligible to participate in the referral scheme, your family members or friends must not already have an existing account or have made a job booking with us. They must also be at least 18 years old and not living at the same address as you. If your family member or friend books their first job with us through someone else’s referral, then you will not be entitled to any credit.
9.16.7 You must comply with all other terms and conditions relating to the booking and completion of jobs. Referrals are for individual, personal use only and may not be used for commercial purposes.
9.16.8 By participating in the Refer a Friend scheme you agree to these terms and conditions. We reserve the right to cancel or suspend the Refer a Friend scheme, or amend these terms and conditions, at any time in our sole discretion. We reserve the right to disqualify you from participating in the Refer a Friend scheme if we suspect any unlawful conduct by you or a breach of these terms and conditions.
10 SERVICE GUARANTEE
10.1 We guarantee the Works for 12 months from the date carried out (the “Guarantee”). The guarantee only covers the Works provided by us to you under a booking and for which payment of the price payable has been made in accordance with Paragraph 7.3.
10.2 The guarantee does not cover materials (if any are provided). Where materials are covered by their own retail or manufacturer’s warranty we shall pass this same warranty to you. The trade professional will provide you with details of any warranties during the appointment.
10.3 If, after the services have been carried out, you are not wholly satisfied with the Works or become aware of any issue with the Works, then you should notify us as soon as possible using the contact details set out in Paragraph 2.
10.4 Where you have notified us of any claim within the Guarantee period we shall be entitled to make reasonable investigations to determine the extent or cause of any issues reported. Where genuine issues with the Works are established under the scope of the Guarantee we shall, at our discretion, either:
10.4.1 carry out necessary remedial works to rectify the issues within a reasonable time period from notification of the issue; or
10.4.2 if remedying the defects is impossible or impractical:
10.4.2.1 where you have already paid the price payable, we will refund you the amounts you paid for the services (or a fair proportion of such price). We will make such refund as soon as possible and no later than 14 days after notification; or where
10.4.2.2 you have not yet paid the price payable, we will charge you a fair proportion of the price payable, or where reasonable, no charge will be made.
10.5 You shall allow us, our insurers and the trade professional access to your property to inspect the works and to carry out any necessary remedial works as appropriate.
10.6 You accept that if you fail to notify us in accordance with Paragraph 10.3, then we shall not be liable in respect of any defects in the Works.
10.7 The guarantee will not cover the works where:
10.7.1 you have failed to comply with any instructions or guidance given by the trade professional or us in relation to the works, whether such instructions or guidance were provided verbally or in writing;
10.7.2 they have been subject to misuse or neglect;
10.7.3 any defects or faults that are due to normal wear and tear;
10.7.4 the works have been modified or tampered with by anyone other than us or a trade professional;
10.7.5 any defects or faults caused by an act of God, including but not limited to, lightning and flood; and
10.7.6 any defects or faults that are pre-existing faults or damage to your property.
10.8 Our Guarantee cannot be transferred to any third party and can only be claimed by you.
10.9 We ensure that each trade professional holds the appropriate accreditations to comply with relevant legislation (including, but not limited to, Gas Safe). Where relevant, we the Works shall be carried out in compliance with applicable regulatory requirements or standards.
10.10 Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods or services provided without reasonable care and skill. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau.
11.1 Subject to clause 11.2:
11.1.1 in relation to any Works, we shall only be liable for rectification or refund as set out in Paragraph 10.4 and
11.1.2 if we fail to comply with these terms and conditions in any other respect we shall only be liable to you for the price paid for the services.
11.2 Nothing in these terms and conditions excludes or limits our liability for:
11.2.1 death or personal injury caused by our negligence;
11.2.2 fraud or fraudulent misrepresentation;
11.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
11.2.4 any breach of the obligations implied by sections 49, 51 or 52 of the Consumer Rights Act 2015 (right for services to be performed with reasonable care and skill, at a reasonable price and within a reasonable time);
11.2.5 defective products under the Consumer Protection Act 1987 (title and quiet possession); or
11.2.6 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.3 If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12 PRIVATE ENGAGEMENT
12.1 Once we have introduced you to a trade professional you agree not to engage that trade professional to perform any services otherwise than through us.
13 EVENTS OUTSIDE OUR CONTROL
13.1 We shall not be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure result from events, circumstances or causes beyond our reasonable control.
14.2 In particular, you should be aware that, to provide the services we use third-parties, including our cloud provider, to provide content, to process your payment and to facilitate communications with the trade professional. This may require your data to be transferred outside the EEA to a country that does not offer the same level of data protection as in your jurisdiction. By placing an order or subscribing to our subscription services via this website, you agree to your information being transferred in this way.
14.3 In order to register a booking you must provide us with your mobile phone number and/or email address. You agree that we may send you text (SMS) messages and/or emails, or call you, as part of the normal business operation to provide the services. You may opt-out of receiving text (SMS) messages, phone calls and/or emails from us at any time by sending an email to email@example.com indicating that you no longer wish to receive such calls and/or messages, along with the phone number of the mobile device receiving the messages and/or phone calls and/or email address receiving the emails, or by following opt-out instructions in the text (SMS) messages and/or email. You acknowledge that opting out of receiving text (SMS) messages, phone calls or emails may impact your ability to make the most of the customer experience.
15.1 We make every effort to provide the services in a manner which is satisfactory for you.
15.1.1 However, if you wish to make a complaint, you may do so by contacting us via one of the routes below:
15.1.2 If after contacting us you feel we still haven't resolved your complaint satisfactorily, please email or write to our Head of Customer Service:
15.1.3 If after following our internal complaints procedure you still feel that we have not satisfactorily resolved your complaint, then (providing you are acting as a consumer and not as a business in the course of your trade or profession) you can access the Online Dispute Resolution platform by following this link.
16.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17.1 If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of these terms and conditions.
18 INTELLECTUAL PROPERTY
18.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website or app shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
19 ENTIRE AGREEMENT
19.1 These terms and conditions govern our relationship with you. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these terms and conditions.
20 LAW AND JURISDICTION
20.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.