Company Name: J M Appleyard Trading as Appleyard's Chimney Sweeping & Services
Registered office: 9 Willand Moor Road, Willand, EX15 2SZ
Contact details: Mobile: 07868 589525, Office: 01884 829464, E-mail: [email protected]
Data protection legislation has changed with the introduction of a new Data Protection Act, implementing the EU General Data Protection Regulation (GDPR). You have greater powers to protect your own privacy, and there is greater responsibility on those processing your data for any purpose. The following is to explain your rights and give you the information you will be entitled to under the new Act.
1. The identity and contact details of Appleyard’s Chimney Sweeping & Services and our data protection officer
Appleyard’s Chimney Sweeping & Services is the data controller and it’s Data Protection Officer is J M Appleyard and can be contacted at [email protected]
2. Why we are collecting the data
We collect your data for the following purposes:
- We hold your name, email address, telephone number (s) and postal address for the purpose of reminding you when your chimney(s) require an annual sweep. We will use it to contact you by email, text message or phone call. We will not contact you for any other purpose without your clear, specific consent.
- We securely store the data we hold on either paper or electronic copies of your Certificate of Chimney Sweeping .
- Our website does not store information about you and any enquiries made through it using our contact form are followed up immediately and then contact details destroyed.
3. Legal basis for processing the data
Data protection legislation sets out when we are lawfully allowed to process your data. The lawful basis that applies in this case is that you give us your clear consent for us to process your personal data for this purpose.
4. With whom we will be sharing the data
Your data will be accessible to the data controller but will not otherwise be shared.
5. For how long we will keep the personal data, or criteria used to determine the retention period.
Your contact details will be held until you request that we delete it or when we no longer need to contact you about your chimney(s).
6. Your rights, e.g. access, rectification, erasure
The data we are collecting is your personal data, and you have rights that affect what happens to it. You have the right to:
- know that we are using your personal data
- see what data we have about you
- tell us you no longer consent to us having or using your data
- have your data corrected, and to ask how we check the information we hold is accurate
- have your data deleted
- object to this use of your data
- complain to the ICO (see below)
7. Sending data overseas
We do not send any data overseas.
8. Automated decision making
We will not use your data for any automated decision making
9. Storage, security and data management
Your data will be stored at our registered address .
10. Complaints and more information
When we ask you for information, we will keep to the law, including all new legislation coming into force.If you are unhappy with the way we have acted, you can make a complaint.
If you are not happy with how we are using your personal data, you should first contact [email protected] or 07868 589525.
If you are still not happy, or for independent advice about data protection, privacy and data sharing, you can contact:
The Information Commissioner’s Office: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113 or 01625 545 745
Terms and Conditions
While every care is taken to prevent damage to your property, the sweep cannot be held responsible for badly maintained pots, cowls, chimney stacks or any other part of your chimney/property. Material information should always be disclosed, i.e. recent chimney fires, fuels used, dates (if known) etc. Your sweep can only use his/her knowledge during sweeping to advise on the condition of your chimney or appliance. He/she has not been able to investigate inaccessible/concealed areas. This requires the use of a chimney camera. Any information must not be relied upon in any way. Chimneys are affected by the way they are used, the weather and many other conditions, which may not be known to your sweep. If you have any concerns please talk to your sweep who will usually be able to offer sound, unbiased advice. The certificate of chimney sweeping is not a guarantee or warranty that any fireplace, heating appliance, boiler, flue or chimney stack is safe. Please be aware that older chimney linings may continue to drop material no matter how often they are swept and that tarry chimneys pose a fire risk and may require chemical intervention. Please check with your liner manufacturer that they approve the use of chemicals before using them. Some forms of soot may require a more aggressive type of cleaning, which may not be suitable for your chimney system.
The Small Print
Terms and Conditions from 1st Feb 2016
General: These terms and conditions do not affect your statutory rights.
The terms and conditions shall be construed in accordance with the laws of England and Wales and both parties agree to submit to the jurisdiction of the courts of England and Wales. Data Protection: Your details will not be passed onto any third parties without your permission, but will be retained by Appleyard’s Chimney Sweeping & Services in order to contact you regarding sweeping and to provide a history of an appliance.
Owner or Householders responsibilities: The householder is responsible for providing adequate parking facilities and providing a clean and unobstructed access to all appliances, flues, and their components so as to allow safe access for sweeping, service, repair, inspection and replacement of any items and for safe operation of the appliance. Any storage cupboards that require emptying or items that require dismantling and re-assembly are the responsibility of the householder and all necessary access should be prepared before we attend. It is the responsibility of the owner/householder to ensure their Installation is compliant and safe.
Technicians visit and Job type: Whenever possible the Technician should not be left alone in a property and a suitable adult that has authorisation to accept or decline the fitting of any recommended part should be present. If the property owner is not present or has left a third party to grant access, it is deemed that they have agreed in full to all terms and conditions and that the third party has full authorisation to allow or decline any extra work required or fitting of any items. If the property owner or their proxy is not present, the Technician will sweep in order to meet the safe requirements and replace anything they deem a risk or that may require urgent or immediate attention. For other non-urgent items, a return visit may be necessary after making contact with the owner and this visit will be chargeable. Contracting Appleyard’s Chimney Sweeping &Services and any of its employees to undertake any sweep, service, callout/repair or inspection is also deemed as having agreed in full to all terms and conditions. The Technician is entitled to work in a hygienic, safe environment that poses no potential threat to their health or safety and as such you are expected to ensure their working environment is prepared in this way. Appliances or components that require inspection within loft spaces can only be carried out if the loft space complies with current Health and Safety at work regulations i.e. they must have permanent fixed lighting, a fixed retractable loft ladder and a fixed floor area from the hatch to and around the appliance/component with sufficient area to work in a safe manner.
Callout/Repair: Any additional visits for breakdown or failure of equipment of regular customers will be treated as urgent, and we will endeavour to attend (and if possible repair) any calls within a 24 hour period or as soon as reasonably practical within our normal working hours; after receiving notification of failure.
After any visit: It is always possible for a problem to occur after a visit due to removal or movement of components; this is not necessarily the fault of the attending Technician. Any problems or smells should be reported at the earliest opportunity and within 2 weeks of any visit. Reports after this time may not be accepted as genuine and therefore additional charges may be incurred. Any item replaced on a return visit will be charged for unless still under manufacturer’s warranty and permission has been obtained from them. If a customer insists on a return visit despite assurances given that there are no problems and no problems are subsequently found, or that the problem is not connected to any work that we have done; an additional callout charge will be incurred.
We would recommend you check for any smell or signs of leakage of smoke after a sweep
If any smell gets worse or has not disappeared or lessened within 24 hours you must inform us immediately. Someone should be present for at least 24hrs after the Service/breakdown or return visit of any appliance to ensure correct operation, temperature and to ensure that there are no leaks.
Charges and payment terms: Although we try to set service and callout prices for a 12 month period form 1st Feb each year; we reserve the right to alter prices without prior notification. Customer should always enquire as to the cost of a sweep or Callout before booking in work. The time allowed for any visit is from the arrival at a property until the departure of the property. Current prices are available on our website www.appleyardschimney.co.uk
1. Sweep: The average time allowed for a sweep is 1.0 hr but the cost of a sweep is variable and will differ depending on the flue type & the service duration allowed . It does not include the supply of any parts; these will be charged in addition to the cost of the service. The standard sweep cost will already have taken into account the appliance type, normal service duration and geographical area.
2. Callout/Repair: The price of a callout includes up to 1.0 hours on site. Any parts used will be charged in addition to the Callout.
3. Additional time and return visits: If due to reasons beyond our control the time on site exceeds the normal time allowed, or if we have to make a return visit to fit a part or carry out additional work;
then the additional time taken will be chargeable at our current rates for every complete or partial 30 minutes on site after the original time allowed expires.
4. Aborted visits and Contracts cancelled whilst in or after attendance: Aborted visits without notification may be charged for and the cost may differ depending on the distance travelled to the aborted call and whether the journey was made especially to that area. If an aborted call is charged it will be no less than 25% of the intended visit but may be the full cost depending on the circumstances unique to the visit or location. If a customer chooses to exercise their right to cancel a contract within 14 days while we are already in or after attendance, then the Service or Callout fee which includes up to 1.0 hour on site and any additional time spent on site will still apply. Any parts fitted will also be chargeable at our current rates.
5. Incomplete Jobs: If we cannot rectify a problem or complete a service or callout due to lack of access, parts, or the appliance being beyond economic repair or the refusal of fitting recommended parts, or additional works being required by another company,or for any other reason beyond our control; then the visit and any parts used will still be chargeable. If any additional parts required are not readily available or if for whatever reason they cannot be fitted quickly; then an invoice will be issued for any works done or parts purchased or used up to date.
6. Unauthorised work: If someone contacts us to carry out a sweep or repair and does not inform us prior to the visit that their landlord or any other third party is responsible for payment; then this person will be
liable to pay the Invoice in full.
7. Discounts: Discounts are given at the discretion of Appleyard’s Chimney Sweeping & Services and unless during an “offer” period, are only given to regular Customers i.e. Customers having their appliances swept at the recommended interval specified by the manufacturer or in certain circumstances by us or Devon & Somerset Fire and Rescue Service; with the work carried out by ourselves.
8. Payment terms: All parts remain the property of Appleyard’s Chimney Sweeping & Services until the account is settled in full. Payment terms are strictly payment in full 7 days after receipt of Invoice. Accounts remaining unpaid 60 days after the Invoice date will lose the entitlement of any prompt payment discounts offered and this amount will be added to the balance outstanding to cover costs of administration, stationary, postage and interest. Any invoice outstanding more than 90 days after the invoice date (or in certain cases earlier where a customer has refused to pay an invoice) will be referred to our debt recovery agents. and will be subject to an additional surcharge of 20% to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforced. You must notify us immediately if there are any queries or disputes over this account. We will not accept or reimburse the costs of any third party who undertakes any work carried out on an appliance or fits any parts unless we have approved such work in advance of it being carried out.
Guarantee and warranty: All parts fitted come with a 12 month warranty for genuine failure of the part; The warranty does not cover labour or callout charges and any part fitted under warranty will only carry the remainder of the warranty from the date of fitting the original part. We will not be liable in any way for parts failing outside of these warranty periods. We accept no responsibility or liability to replace or supply free of charge, any worn, damaged or seized items etc., that may fail or become damaged or cause damage due to age, wear and tear, customer neglect or means beyond our control; or any subsequent
damage or loss, loss of business, profits, charges, expenses or other problems incurred because of these parts.
Any problems or smells should be reported at the earliest opportunity and within 2 weeks of any visit. Reports after this time may not be accepted as genuine and therefore additional charges may be incurred.
Recommended part replacement and remedial work required: The customer will be informed of any parts recommended or that may need to be replaced or any remedial work that needs to be
carried out. A fact sheet may also be issued explaining why this work needs done and what the consequences could be if the work is not carried out.
Customers are within their rights to refuse the fitting of any recommended parts or to have any remedial work carried out and we respect their right to do so, but If a customer refuses to replace any recommended items or carryout any remedial work that has been recommended, then any subsequent problems because of this are not the fault of Appleyard’s Chimney Sweeping & Services or any member of their staff and they will not be liable in any manner. It is the responsibility of the owner/householder to ensure their Installation is compliant and safe.
Customer Services: We aim to provide the best Customer Service through all aspects of our business. If you feel we have not met these standards please be sure to inform us, as without feedback we cannot rectify any potential issues regarding the services we provide.
Non agreement to Terms and Conditions: If a customer does not agree to these terms they must notify us in writing explaining why, but this will nullify any warranty we may give.