Consumer Services Terms & Conditions

Our terms

1. These terms

1.1. What these terms cover.

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. 

1.2. 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 products 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 this.

2. Information about us and how to contact us

2.1. Who we are.

We are Hügaa Limited a company registered in England and Wales. Our company registration number is 10974087 and our registered office is at 12 Spencer Drive, Midsomer Norton, Radstock, Banes, BA3 2DN.

2.2. How to contact us.

You can contact us by writing to us at info@hugaa.co.uk or 2 Portland Terrace, Bath, BA12SH.

2.3. 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 or postal address you provided to us when you registered with our website hugaa.co.uk (“Website”).

2.4. "Writing" includes emails.

When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1. How we will accept your Order.

Our acceptance of your request for services (“Order”) will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. 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 service. This might be because of unexpected limits on our resources which we could not reasonably plan for orbecause we are unable to meet a delivery deadline you have specified.

3.3. We only sell to the UK.

Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept Orders to addresses outside the UK.

4. Our Services

4.1. Childcare services.

We provide childcare services to hotel or holiday home locations within the UK.

 4.2. Service requirements.

We do not guarantee service unless we send you an email with confirmation and you accept the assigned service provider. We will endeavour to confirm your booking within 24 hours. We have limits on the number of children each assigned service provider can look after. We will advise you at the point of order if you will need more than one service provider for your childcare service.

4.3. Make sure your order is accurate.

You are not able to make changes through our Website once the order is submitted. In the event that information is entered incorrectly please contact us at our email address.

5. Your rights to make changes

If you wish to make a change to the Order 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 service, the timing of service 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 (see clause 8- Your rights to end the contract).

6. Our rights to make changes

6.1. Changes to the services and these terms.

We may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

  • (a) We may refuse to provide you with the services at any time. If we do, we will refund the full amount already paid,
  • (b) We may change the services to be provided and
  • (c) We may change the terms of this agreement. 

6.2. Updates to digital content.

We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

7. Providing the services

7.1. When we will provide the services.

During the order process we will let you know when we will provide the services to you. If the Services are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract. We will begin the services on the date set out in on the date agreed with you during the order process. The completion date for the services is as told to you during the order process.

7.2. We are not responsible for delays outside our control.

If our supply of the 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. 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 services you have paid for but not received.

7.3. If you do not allow us access to provide services.

If you do not allow us access to perform the 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 services we may end the contract and clause 10.2 will apply.

7.4. Ending the contract for late delivery.

If you do choose to treat the contract as at an end for late delivery under this clause 7, you can cancel your order for the services. After that we will refund any sums you have paid to us for the cancelled service

7.5. What will happen if you do not give required information to us.

We may need certain information from you so that we can supply the services to you, for example, ages and information relating to your children. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the 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.

7.6. Your rights if we suspend the supply of services.

We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service we will adjust the price so that you do not pay for services while they are suspended.

7.7. We may also suspend supply of the service if you do not pay.

If you do not pay us for the service when you are supposed to (see clause 12.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).

8. Your rights to end the contract

8.1. 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:

  • (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11;
  • (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  • (c) If you have just changed your mind about the service, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  • (d) In all other cases (if we are not at fault and there is no right to change your mind), see [clause 8.7 OR clause 8.8].

8.2. 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 (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

  • (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
  • (b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
  • (c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
  • (d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons,; or
  • (e) you have a legal right to end the contract because of something we have done wrong.

8.3. Our goodwill guarantee.

Please note, these terms reflect the goodwill guarantee offered by HÜGAA LTD of 2 Portland Terrace, Bath, BA12SH to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations.

8.4. When you don't have the right to change your mind.

You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.

8.5. How long do I have to change my mind?

You have to tell us of your intention to cancel the services at least 48 hours before the service is due to be delivered. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel the services, you must pay us as compensation of 3 hours of the service charge.

8.6. 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 8.1), 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 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 products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) £45 as compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you have changed your mind)

9.1. Tell us you want to end the contract.

To end the contract with us, please let us know by logging in to our website and following the cancellation of service instructions.

9.2. How we will refund you.

We will refund you the price you paid for the service by the method you used for payment. However, we may make deductions from the price, as described below.

9.3. 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 service for the period for which it was supplied, ending with the time when you told us you had changed your mind with a minimum of 3 hours service charge.

9.4. When your refund will be made.

We will make any refunds due to you as soon as possible.

10. Our rights to end the contract

10.1. We may end the contract if you break it.

We may end the contract for a service at any time by writing to you if:

  • (a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
  • (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service, for example, location for service; 
  • (c) you do not, within a reasonable time, allow us access to your premises to supply the services; or
  • (d) you have breached any of the terms of this contract.

10.2. You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for service we have not provided but we may deduct or charge you 3 hours’ service fee as compensation for the net costs we will incur as a result of your breaking the contract.

11. If there is a problem with the service

11.1. How to tell us about problems.

If you have any questions or complaints about the service, please contact us. You can write to us  at info@hugaa.co.uk or contact us.

11.2. Summary of your legal rights.

We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice websitewww.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example [furniture or a laptop], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

  • a) If your product is digital content, for example [a mobile phone app or a subscription to a music streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
  • b) If your digital content is faulty, you're entitled to a repair or a replacement.
  • c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. 
  • d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 8.3.

If your product is services, for example [a support contract for a laptop or tickets to a concert], the Consumer Rights Act 2015 says:

  • a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  • b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  • c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3. 
 
12. Price and payment

12.1. Where to find the price for the service.

The price of the service will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the service you order.

12.2. 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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3. What happens if we got the price wrong.

It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.4. When you must pay and how you must pay.

We accept payment via Stripe.  We request your payment details up front and will charge your card following completion of the services, or when you tell us you wish to cancel the service (subject to the minimum fee).

12.5. We can charge interest if you pay late.

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6. What to do if you think an invoice is wrong.

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you

13.1. We are responsible to you for foreseeable loss and damage caused by us.

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, for example, if you discussed it with us during the sales process.

13.2. 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.

13.3. When we are liable for damage to your property.

If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.4. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14. How we may use your personal information

14.1. How we may use your personal information.

We will only use your personal information as set out in our privacy policy.

15. Other important terms

15.1. 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 and we will refund you any payments you have made in advance for services not provided.

15.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to).

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4. 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.

15.5. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6. 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 products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.