The services are provided by Delta Dore, whose registered address is Le Vieux Chêne – 35270 BONNEMAIN and registered at the Saint-Malo Trade and Company Register under number 897 080 289.
You are a user of our service, and these Terms of services describe the terms and conditions applicable to your use of our services. If you do not agree to be bound by these Terms of services, you may not use our services. The acceptant of these Terms by ticking the box when confirming the order means that you agree to be legally bound by all of the terms of conditions herein defined.
In these Terms of services, the following terms shall have the following meaning prescribed to them:
“Customer” or “you”, means the buyer or end-user the service is booked for;
“Dispute” means a disagreement between you and the installer for a service that has not been satisfactorily performed;
“Installer” means an installer who is part of Orderwork’s network of installers and with skills for installing smart home tech products in your geographical area.
“Orderwork” means OrderWork Limited, (Registered No: 05662167), of Montpelier Chambers, 61-63 High Street South, Dunstable, Bedfordshire LU6 3S, a services company with a network of electrical installers duly mandated by Delta Dore to perform and deliver bespoke installation Services for specific projects through its online plateform.
“ Parties” means collectively you and the Installer
“Personal data” means any information relating to an identified or identifiable natural person (“data subject”) which is considered personal data in accordance with applicable laws and regulations related to data privacy;
“Premises” means your premises where the service is being fulfilled;
“Services” means the bespoke installation service requested by you and performed by the Installer.
Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires. Clause headings are inserted for convenience only and shall not affect the interpretation of the Terms of services.
GENERAL TERMS AND CONDITIONS
- Eligibility and use of our Service
The Services are available only to corporate or other entities, or individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors, to anyone under 18 years of age. If you do not qualify, please do not use our Services.
As a Customer you may only book Services that are to be completed within the United Kingdom.
- Services, booking and payment
You book the Services with our local commercial team and the Services are then assigned by Orderwork to the Installer who operates in your geographical area and whose services match your requirements.
Services rates will be calculated either per hour (estimated effort time) involved, or per Service as specified in the quotation. Each Service has a minimum price and scope and may have options associated with an additional cost. The commercial team will provide you with a quotation for the Services required and you are responsible for checking the final price and scope and accept the quotation.
When booking a Service, you will ensure that you give full and complete information regarding the work to be undertaken together with details of history of items to be dealt with by the Installer and relevant information about the Premises or installation been worked on.
At the time you book the Services, we collect payment from you for the full amount via our third-party payment provider. We will charge your credit or debit card when you place your order. We accept payments with VISA, MASTER CARD, AMERICAN EXPRESS MAESTRO AND PAYPAL.
If were unable to take payment successfully, we reserve the right to contact you to take the payment over the phone via our local commercial team.
We may, at our sole discretion, not allow you to book a Service if we are outstanding the payment for a prior Service.
All prices are quoted in GB pounds sterling. You are responsible for paying all fees associated with using our Services and all applicable taxes, such as VAT.
Delta Dore is not an employer of the Installers or contracting agency and operates as a facilitator of the service transaction between you and the Installers.
No contract exists between Delta Dore and you for the fulfilment of the Services and Delta Dore has no control over the conduct of Installers nor the satisfactory completion of the Services, which is solely determined between the parties.
When you book a Service, you will be entering into a direct contract with Orderwork. The terms of the contract entered into are set out below. However, the Customer and Orderwork are free to alter or modify such terms as they wish by mutual, express agreement. Delta Dore is not a party to agreements entered into between the Parties.
- Carrying out Services
Delta Dore will make suitable Installers in your geographical area aware of the Services you booked with details of your requested date and time for it to be carried out. Your Personal Data are kept confidential until an Installer accepts to perform your Services.
The Installer may accept or reject the Services and we do not guarantee that you will receive a response to a booked Services or that responses will meet the requirements you have specified. In particular, the Installer reserves the right to offer alternative dates and time slots if he is unable to comply with the original requirements.
The provision of a Services at an earlier time than selected when booking a Service shall be subject to availability and may incur additional fees. Delta Dore shall never be liable in the event that the Installer who accepted the Service is unable or unwilling to fulfil the Services at the requested time.
In the event you do not provide full and complete information at the time of booking the Services or the Installer is reasonably unable to assess the Services requirements remotely, then the Installer may, on arrival at the Premises, deem that additional work is required in order for the Services to be completed. In these circumstances, the Customer and the Installer shall agree the scope and fee for such additional work before any work is performed.
Additional payments will be made to Orderwork. Delta Dore shall never be accountable for such additional payments.
You are advised to request sight of evidence of applicable trade accreditations, qualifications, registrations and proof of identification from the Installer prior to any work commencing at your Premises. Installers must agree to comply with any accreditation, registration, certification, qualification, experience or reasonable suitability evidence request submitted by you. You shall treat the Installer with respect whilst completing the Services. You shall enable the Installer to have clear access to the Premises to carry out the Services and to place any pets in a separate room if requested by the Installer.
Notwithstanding any rights you may have to cancel the performance of any Services under the Consumer Contracts Regulations 2013 or the Consumer Protection Regulations 2000, or any replacement thereto, you may cancel a Service by phone or e-mail not less than forty-eight hours prior to the agreed installation date, without charge.
However, you may not cancel any Service without being liable for a cancellation fee where, at your express request, it has begun to be provided, or where you have not complied with the cancellation provisions of the clause above.
The amount payable in respect of the cancellation fee will depend upon the cancellation. The cancellation fee will be charged as follows:
- On the day notice of cancellation = 50% Charge applicable - minimum charge £40.00
- 48 hours’ notice of cancellation = 25% Charge applicable - minimum charge £20.00
If the job needs to be rescheduled either by you or the Installer, an automated email with the new date or timeslot will be sent to you. A copy of the communication will be sent to DELTA DORE. If you wish to reschedule the installation date, a notice of at least one working day is mandatory or you’ll be charged a rescheduling fee of £40 for less than one day’s notice of reschedule.
You will also be liable for a cancellation fee of a charge of £40.00 if the Installer arrives at the Premises and is unable to contact you or access the Premises. The Installer will message and attempt to contact you for twenty minutes. You agree to call Delta Dore as soon as possible if you cannot attend the appointment as specified on the booking confirmation.
If the engineer attends the property and is unable to install the product through no fault of their own a charge of £40.00 will be payable by DELTA DORE for the failed visit. DELTA DORE will be notified of the failed visit and the reason via the OW portal.
The amount payable in respect of the cancellation fee will depend upon the cancellation and the type of Service booked, with a minimum fee of £10,00. For cancellation terms on each service, email email@example.com . This amount will be deducted from your refund amount.
Full or partial refunds may take up to nine working days to be processed.
- Survey and Reviews
Once the Installer has completed the Service, you may be asked to fill out a survey to rate the Installers and to make sure you are happy with the Service provided.
The survey responses of customers may be publisher on the Orderwork website (https://orderwork.online) and may be viewed and considered by other Customers.
The reviews of Customers may be published on our customer website http://shop.deltadore.co.uk (“Site”). You are solely responsible for any content you make available to other users on our Site. In any cases, your content on the Site shall never :
- be false, inaccurate or misleading,
- be fraudulent or relate to the provision of services for which you are not qualified,
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- be in breach of English law or any other applicable law or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising).
- be defamatory, libellous, unlawfully threatening or unlawfully harassing; contain any viruses, trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Terms of Sales,
- or consummate any transaction that was initiated using our Site that, by paying to us any fees could cause us to break any applicable law or regulation.
To enable Delta Dore to use your content on its Site, you grant us a non-exclusive, world-wide, perpetual, irrevocable, fully paid-up, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your content, in any media now known or not currently known. You also waive all moral rights you have in your content to the fullest extent permitted by law.
- Force majeure
If the delivery our the Services is delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes or other natural catastrophes, national emergencies, strikes, lockout or other labour difficulties, computer hacking attack or computer virus, any law, order, regulation or other action of any governing authority, or any other cause beyond Delta Dore’s reasonable control, Delta Dore shall be excused from such delivery to the extent that its delay is prevented by such cause.
- Delta Dore limitation of liability
Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages arising out of or in connection with these Terms.
- Installer limitation of liability
Orderwork’s entire liability to a Customer in respect of any breach of his contractual obligations, any breach of warranty, any representation, statement or tortuous act or omission including negligence arising under or in connection with these Terms shall be limited to the limit of their insurance or the value of the Service performed whichever is the greater, unless otherwise specified in the particular Service order that has been accepted by the Installer.
Orderwork shall not be liable to a Customer for any indirect or consequential loss a Customer may suffer, even if the loss is reasonably foreseeable or the Installer has been advised of the possibility of a Customer incurring it.
- Private engagement
You agree not to offer jobs (or accept offers) privately to Installers you have previously engaged with through Delta Dore.
In the event you do request the Installer undertakes work other than additional Services outside of Delta Dore support services, Delta Dore will not be able to mediate on any disputes in respect thereof, and you will not benefit from the protection offered via these Terms and Conditions in respect thereof.
If you are not satisfied that the Installer has completed the Service to the performance and/or quality that you may reasonably expect, you may initiate a dispute with Delta Dore and/or the Installer, please email us at firstname.lastname@example.org
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand or loss, including reasonable legal fees, made by any third party arising out of your breach of these Terms or use of the Site or Services. This indemnity shall not apply where such claim, demand or loss arises solely due to (a) our negligence or (b) our breach of these Terms.
You agree that these Terms and all incorporated agreements may be automatically assigned by Delta Dore, in our sole discretion, to a third party in the event of a merger or acquisition or similar corporate transaction. You may not assign, license or sub-contract any of your rights or obligations under these Terms.
- Third Party Rights
A person who is not a party to these Terms has no right under the Contracts Act 1999 to enforce any term of these Terms but this does not affect any right or remedy of a third party specified in these Terms or which exists or is available apart from that Act.
These Terms shall be governed in all respects by the English law. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed deleted and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise indicated, all provisions of these Terms shall survive any termination or expiration of these Terms.
- Protection of Customer Information
We need to ensure details form part of the order confirmation, including value and ramps as dates get closer