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Terms for Services

This page tells you information about us and the legal terms and conditions (Terms) on which we provide services to you.

These Terms will apply to any contract between us for the provision of services by us to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any services from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any services from us.

You should retain a copy of these Terms, if necessary, by printing them (or save them to your computer) for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to place an order for services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 27/06/2016.

These Terms, and any Contract between us, are only in the English language.

1.DEFINITIONS

1 When the following words with capital letters are used in these Terms, this is what they will mean:

(a) Call-Out Sharpening Services: a contract for sharpening services(s) at a location of your choice between you and a Sharpening Technician;
(b) Event Outside Our Control: means any act or event beyond My Mobile Sharpening Guy's reasonable control;
(c) My Mobile Sharpening Guy/We/Our/Us: mymobilesharpeningguy.com, a Sole Trader registered in England, whose office is at Portland House, Bressenden Place, London, SW1E 5BH;
(d) Sharpening Technician: a My Mobile Sharpening Guy approved independent sharpening specialist engaged by you who is matched to you by My Mobile Sharpening Guy for Call Out Sharpening Services;
(e) our site: www.mymobilesharpeningguy.com;
(f) Sharpening Services: any services that My Mobile Sharpening Guy is providing to you from time to time;
(g) Terms: the terms and conditions set out in this document; and

2 When My Mobile Sharpening Guy uses the words "writing" or "written" in these Terms, this will include e-mail unless My Mobile Sharpening Guy says otherwise.

2. INFORMATION ABOUT MY MOBILE SHARPENING GUY AND HOW TO CONTACT MY MOBILE SHARPENING GUY

2.1 We are a Sole Trader operating in England . Our address is Portland House, Bressenden Place, London, SW1E 5BH and our VAT No. is GB123455338.
2.2 If you have any questions or if you have any complaints, please contact My Mobile Sharpening Guy. You can contact My Mobile Sharpening Guy by telephoning My Mobile Sharpening Guy's customer service team at 0800 634 8577 or by e-mailing My Mobile Sharpening Guy at customerservice@mymobilesharpeningguy.com.
2.3 If you wish to contact My Mobile Sharpening Guy in writing, or if any clause in these Terms requires you to give My Mobile Sharpening Guy notice in writing (for example, to cancel the contract for services which My Mobile Sharpening Guy has started to provide), you can send this to My Mobile Sharpening Guy by e-mail, by hand, or by pre-paid post to My Mobile Sharpening Guy at 3A Waxlow Road, Park Royal, NW10 7NU, or by e-mail at customerservice@mymobilesharpeningguy.com. My Mobile Sharpening Guy will confirm receipt of this by contacting you in writing. If My Mobile Sharpening Guy has to contact you or give you notice in writing, My Mobile Sharpening Guy will do so by e-mail, by hand, or by pre-paid post to the address you provide to My Mobile Sharpening Guy in the Order.

3. USE OF OUR SITE

3.1 Your use of our site is governed by our website Terms of Use. Please take the time to read these, as they include important terms which apply to you.

4. HOW WE MAY USE YOUR PERSONAL INFORMATION

4.1 My Mobile Sharpening Guy will use the personal information you provide to My Mobile Sharpening Guy to:
(a) provide the Sharpening Services;
(b) enable a Sharpening Technician to contact you and provide the Call Out Sharpening Services to you where you require Call-Out Sharpening Services;
(c) process your payment if you are required to pay My Mobile Sharpening Guy; and
(d) inform you about similar products or services that My Mobile Sharpening Guy provides, but you may stop receiving these at any time by contacting My Mobile Sharpening Guy.

4.2 My Mobile Sharpening Guy will only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5. SHARPENING SERVICES

5.1These are the terms and conditions on which My Mobile Sharpening Guy supply Sharpening Services to you.

5.2 If you are a consumer, you may only purchase Sharpening Services from My Mobile Sharpening Guy if you are at least 18 years old. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you wish to purchase Sharpening Services from My Mobile Sharpening Guy.
5.3 If you wish to place an order with My Mobile Sharpening Guy by telephone, email, online booking or in person, you agree that your order constitutes an offer by you to purchase the Sharpening Services in accordance with these Terms. My Mobile Sharpening Guy's acceptance of your order will take place when My Mobile Sharpening Guy issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and My Mobile Sharpening Guy.

(a) our site will guide you through the steps you need to take to place an order for Sharpening Services. My Mobile Sharpening Guy’s order process allows you to check and amend any errors before submitting your order to My Mobile Sharpening Guy. Please take the time to read and check your order before you submit it to My Mobile Sharpening Guy;
(b) after you place an order, your order will be deemed to have been accepted when My Mobile Sharpening Guy issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and My Mobile Sharpening Guy

5.4 Any quotation given by My Mobile Sharpening Guy shall not constitute an offer by My Mobile Sharpening Guy to provide Sharpening Services.
5.5 If you are not a consumer, you agree that these Terms apply to the contract between you and My Mobile Sharpening Guy to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

6. CALL-OUT SHARPENING SERVICES – A CONTRACT BETWEEN YOU AND THE RELEVANT SHARPENING TECHNICIAN

6.1 Where you require Call-Out Sharpening Services, please note that:

(a) My Mobile Sharpening Guy has built a network of approved technicians, referred to in these Terms as "Sharpening Technicians";
(b) Each Sharpening Technician on the My Mobile Sharpening Guy network has been reference checked by My Mobile Sharpening Guy and has undergone technical assessments to ensure that the Sharpening Technician has the right skills to conduct the Call-Out Sharpening Services to a high standard;
(c) My Mobile Sharpening Guy provides a means to enable customers who seek Call-Out Sharpening Services to be matched to a Sharpening Technician on My Mobile Sharpening Guy’s network of technicians;
(d) My Mobile Sharpening Guy does not provide any sharpening services whatsoever to you, it is up to the Sharpening Technician who contacts you to decide whether or not to provide the Call-Out Sharpening Services to you, and it is up to you to decide whether or not to accept the Call-Out Services from any Sharpening Technician contacted through My Mobile Sharpening Guy;
(e) the contract for the provision of Call-Out Sharpening Services will be between you and the Sharpening Technician on the basis of these Terms;
(f) the price quoted to you for the Call-Out Sharpening Services in respect of each Tool is an indicative non-binding quote issued by My Mobile Sharpening Guy (on behalf of the Sharpening Technician) based upon information provided by you in relation to each relevant Tool. Accordingly, any such indicative price quotes are subject to detailed verification of each Tool. The Sharpening Technician will verify your Tools on arrival. If there is any change to the indicative price quoted to you (for example, because the information you have provided to My Mobile Sharpening Guy about the items is incorrect; and/or if the Sharpening Technician identifies additional defects with your tool(s); and/or if you have booked a particular service (for example, the tool(s) is excessively damaged and requires repair or My Mobile Sharpening Guy has made a mistake in communicating the pricing to you), the Sharpening Technician will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, the Sharpening Technician shall not perform the Call-Out Sharpening Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you relating to the Call-Out Sharpening Services.

6.2 Where you enter into a contract with a Sharpening Technician for Call-Out Sharpening Services, in addition to your rights against a Sharpening Technician:
(a) all Call-Out Sharpening Services will always be covered by the My Mobile Sharpening Guy warranty at clause 11 of these Terms (subject to the provisions of clause 11); and
(b) you may make any complaints regarding the Sharpening Technician to us at any time and we shall investigate your complaint.

6.3 Where you enter into a contract with a Sharpening Technician for Call-Out Sharpening Services you agree that:
(a) any decision by you to offer or accept repair services for your tool(s) once you have been matched with a Sharpening Technician through My Mobile Sharpening Guy is a decision made in you sole discretion;
(b) My Mobile Sharpening Guy simply offers information and a method through to connect you and Sharpening Technicians with each other, but My Mobile Sharpening Guy does not and does not intend to provide any services to you or act in any manner as a provider of sharpening services; and accordingly, save as provided by clause.
6.2 (above), My Mobile Sharpening Guy has no liability or responsibility for any Call-Out Sharpening Services voluntarily provided to you by any Sharpening Technician and/or the acts and/or omissions of any Sharpening Technician.

6.4 If you are a consumer, you may only purchase Call-Out Sharpening Services if you are at least 18 yeas old, and will be required to make payment directly to the relevant Sharpening Technician.
6.5 If you are not a consumer, you confirm that: (a) you have authority to bind any business on whose behalf you seek to purchase Call-Out Sharpening Services; (b) you and shall make payment for the Call-Out Services to the My Mobile Sharpening Guy Sharpening Technician; and (c) these Terms apply to the contract between you and the Sharpening Technician to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

7. CHANGES TO ORDER OR TERMS

7.1 My Mobile Sharpening Guy amends these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Repair Services from My Mobile Sharpening Guy, the Terms in force at the time of your order will apply to the contract between you and My Mobile Sharpening Guy. Every time you order Call-Out Sharpening Services, the Terms in force at the time of your order will apply to the contract between you and the Sharpening Technician.
7.3 My Mobile Sharpening Guy may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 You may make a change to the order for Sharpening Services at any time before the start date for the Sharpening Services by contacting My Mobile Sharpening Guy. Where this means a change in the total price of the Sharpening Services, My Mobile Sharpening Guy will notify you of the amended price in writing. You can choose to cancel the order in accordance with clause 14 in these circumstances.

8. SERVICE CONDITIONS

8.1 By placing an order, you:
(a) authorise and consent to My Mobile Sharpening Guy to perform the Sharpening Services on your tool(s);
(b) acknowledge that whilst My Mobile Sharpening Guy’s Sharpening technicians are trained Sharpening specialists, My Mobile Sharpening Guy is not an authorised service provider for any manufacturer of any brand of tool and has no affiliation with any tool manufacturer;
(c) agree to release, indemnify, and hold My Mobile Sharpening Guy and its technicians from liability for any claims or damages of any kind or description that may arise from any repair work performed on your tool(s), unless it is caused by My Mobile Sharpening Guy’s negligence;

9. TIMING AND APPOINTMENT OBLIGATIONS

9.1 Whilst My Mobile Sharpening Guy aims to perform the Sharpening Services within the timeframe specified to you, the Sharpening Services may be subject to Events Outside Our Control, which may include vehicle break downs or Sharpening Technician illness. In any event, all times for performance of the Repair Services are approximate only, and My Mobile Sharpening Guy will not be liable for any compensation as a result of late delivery of the Sharpening Services.

10. NO SHARPEN-NO FEE, PRICE AND PAYMENT

10.1 My Mobile Sharpening Guy operates a “no sharpen-no fee” policy towards the sharpening of your tool(s) which means that if My Mobile Sharpening Guy does not sharpen a tool, then you do not pay a charge in relation to the tool that has not been sharpened (minimum service order permitting). My Mobile Sharpening Guy will have no liability to you if unable to sharpen your tool(s), as My Mobile Sharpening Guy cannot guarantee that your tool(s) are capable of sharpening.

Price and Payment

10.2 The price quoted to you for the Sharpening Services in respect of each tool is an indicative non-binding quote issued by My Mobile Sharpening Guy based upon information provided by you in relation to each relevant tool, including, for example, the fault on the relevant tool(s). Accordingly, any such indicative price quotes are subject to detailed verification of each tool.
10.3 On receipt of your tool(s), a Sharpening Technician will examine your tool(s). If there is any change to the indicative price quoted to you for any applicable tool(s) (for example, because the information you have provided to My Mobile Sharpening Guy about the state of the product(s) is incorrect; and/or if My Mobile Sharpening Guy identifies additional defects with your tool(s); and/or if you have booked a particular repair (for example, the tool(s) are blunt but My Mobile Sharpening Guy discovers that the actual sharpening required excessive repair (for example a snapped blade); and/or My Mobile Sharpening Guy made a mistake in its pricing), My Mobile Sharpening Guy will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, My Mobile Sharpening Guy shall not perform the Sharpening Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you to My Mobile Sharpening Guy relating to the Sharpening Services if applicable (less the postage costs of returning the device(s) to you).
10.4 All payments are processed through your allocated Sharpning Technician and can be settled by cash or card where available.
10.5 All Quotes offered from the My Mobile Sharpening Guy will inform the customer in the booking process as to whether their services will or will not entail additional charges or taxes such as VAT.

11. WARRANTY AND IF THERE IS A PROBLEM WITH THE SERVICES

11.1 My Mobile Sharpening Guy’s Sharpening Services are backed by a 7 day quality warranty. This warranty applies to commercial and domestic services.

Scope of Warranty

(a) Any work that has been done within that period which is believed to be sub standard and requires re-doing.
(b) Any percieved damage to products in which a Sharpening Technician has worked on.

11.2 The warranty does not cover the outcome of the Sharpeing Services if certain pre-Sharpenng conditions exist in relation to the relevant tool the subject of the Sharpening Services, including:
(a) existence of known manufacturing defects.
(b) any prior damage that has been mended to the best possible standard given it's pre-existing condition;

Damage cause by My Mobile Sharpening Guy

11.3 If any relevant Tool is irreparably damaged as a direct result of a service attempted by an allocated My Mobile Sharpening Guy Sharpening Technician and payment has been rendered by you, you are entitled to a fully functional refurbished tool of equal or greater value of the damaged tool based on its model and condition as received and with the original issue resolved, or the monetary equivalent of fair market value of the tool in that condition as determined by My Mobile Sharpening Guy. If payment was not rendered for the Sharpening Services, the sharpening price shall be deducted from the value of the relevant tool, or a refurbished tool of the same damaged condition as received shall be offered. In order to receive a replacement tool, the relevant damaged tool must be rendered to My Mobile Sharpening Guy.
11.4 In the unlikely event that there is any defect with the Sharpening Services which is covered by the warranty in clause 11.2:
(a) please contact My Mobile Sharpening Guy and tell My Mobile Sharpening Guy as soon as reasonably possible after becoming aware of any defect;
(b) please give My Mobile Sharpening Guy a reasonable opportunity to repair or fix any defect; and
(c) My Mobile Sharpening Guy will use every effort to repair or fix the defect within 14 working days.
You will not have to pay for My Mobile Sharpening Guy to repair or fix a defect with the Sharpening Services under this clause 11.1.
11.5 If you are a consumer, you have legal rights in relation to Sharpening Services not carried out with reasonable skill and care, or if the materials My Mobile Sharpening Guy uses are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

12. MY MOBILE SHARPENINGGUY'S LIABILITY TO YOU

12.1 If My Mobile Sharpening Guy fails to comply with these Terms, My Mobile Sharpening Guy is responsible for loss or damage you suffer that is a foreseeable result of My Mobile Sharpening Guy’s breach of the Terms or My Mobile Sharpening Guy’s negligence.
12.2 To the extent permitted by law, My Mobile Sharpening Guy shall have no liability to you for any: loss or damage that is not foreseeable; loss of profits; loss; loss of business; loss for any error or interruption of any use; loss of interruption; loss of business opportunity; loss or damage to property; or cost of procurement of substitute foods.
12.3 You agree that if any tool is lost or damaged further than the condition it was released to My Mobile Sharpening Guy in, My Mobile Sharpening Guy's liability to you will be limited to the cost of sharpening or repair of the relevant tool in its condition at the time of transfer to My Mobile Sharpening Guy based on current fair market value. My Mobile Sharpening Guy’s liability for damages from any cause when it comes to repairing the relevant tool is limited to the cost of the Repair Services or a comparable replacement tool.
To the extent permitted by law, My Mobile Sharpening Guy’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any event be limited to £500 per tool.
12.4 Nothing in this clause 12 shall apply so as to limit or exclude My Mobile Sharpening Guy’s liability for:
(a) death or personal injury resulting from My Mobile Sharpening Guy’s negligence;
(b) breach of any terms implied by statute;
(c) any claim arising under the Consumer Protection Act 1987; or
(d) fraudulent misrepresentation.
12.5 My Mobile Sharpening Guy shall not be liable for any non-warranty related claim arising under this contract unless you give My Mobile Sharpening Guy written notice of such claim within three (3) months of becoming aware of the circumstances giving rise to such claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.

13. EVENTS OUTSIDE OUR CONTROL

13.1 My Mobile Sharpening Guy will not be liable or responsible for any failure to perform, or delay in performance of, any of My Mobile Sharpening Guy’s obligations under these Terms that is caused by an Event Outside Our Control.
If an Event Outside Our Control takes place that affects the performance of My Mobile Sharpening Guy’s obligations under these Terms:
(a) My Mobile Sharpening Guy will contact you as soon as reasonably possible to notify you; and
(b) My Mobile Sharpening Guy obligations under these Terms will be suspended and the time for performance of My Mobile Sharpening Guy’s obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects My Mobile Sharpening Guy's performance of sharpening Services to you, My Mobile Sharpening Guy will restart the Sharpening Services as soon as reasonably possible after the Event Outside Our Control is over.

14. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

14.1 Before My Mobile Sharpening Guy begins to provide the Sharpening Services, you have the following rights to cancel an Order for Sharpening Services, including where you choose to cancel because My Mobile Sharpening Guy is affected by an Event Outside Our Control or if My Mobile Sharpening Guy changes these Terms under clause 7 to your material disadvantage:
(a) you may cancel your Order at any time before My Mobile Sharpening Guy has started the Sharpening Services by contacting My Mobile Sharpening Guy. My Mobile Sharpening Guy will confirm your cancellation in email and SMS to you; and
(b) you cannot cancel your Order once My Mobile Sharpening Guy has started the Sharpening Services;
14.2 Where you have cancelled an Order because of My Mobile Sharpening Guy’s failure to comply with these Terms (except where My Mobile Sharpening Guy has been affected by an Event Outside My Mobile Sharpening Guy's Control in which case clause 14.1 shall apply), you do not have to make any payment to My Mobile Sharpening Guy.

15. OTHER IMPORTANT TERMS

15.1 My Mobile Sharpening Guy may transfer My Mobile Sharpening Guy’s rights and obligations under these Terms to another organisation, and My Mobile Sharpening Guy will always notify you in writing if this happens (except where My Mobile Sharpening Guy uses a sub-contractor to perform the Sharpening Services), but this will not affect your rights or My Mobile Sharpening Guy’s obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if My Mobile Sharpening Guy agrees in writing.
15.3 This contract is between you and your My Mobile Sharpening Guy. No other person shall have any rights to enforce any of its terms.
15.4 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.
15.5 If My Mobile Sharpening Guy fails to insist that you perform any of your obligations under these Terms, or if My Mobile Sharpening Guy does not enforce My Mobile Sharpening Guy’s rights against you, or if My Mobile Sharpening Guy delays in doing so, that will not mean that My Mobile Sharpening Guy has waived My Mobile Sharpening Guy’s rights against you and will not mean that you do not have to comply with those obligations. If My Mobile Sharpening Guy does waive a default by you, My Mobile Sharpening Guy will only do so in writing, and that will not mean that My Mobile Sharpening Guy will automatically waive any later default by you.
15.6 . If you are not a consumer:
(a) these Terms and any document expressly referred to in them constitutes the entire agreement between you and My Mobile Sharpening Guy and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter;
(b) you acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them; and
(c) you and My Mobile Sharpening Guy agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
15.7 These Terms are governed by English law. You and My Mobile Sharpening Guy both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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