LEGAL INFORMATION
Terms & Conditions
These Terms & Conditions explain the basis on which AirLuxe Air Conditioning Ltd provides quotations, installations, servicing, maintenance, diagnostics and repair services to our customers.
When a Contract Is Formed
A contract between you and AirLuxe is normally formed when:
- You accept our quotation or otherwise instruct us to proceed.
- Any deposit stated in the quotation has been received where required.
- AirLuxe confirms that we have accepted the booking or work.
An installation date or appointment may be agreed at the same time or confirmed separately.
No contract is formed merely because we provide a quotation, survey or provisional date unless we confirm that the booking has been accepted.
Deposits
For installations and other larger projects, AirLuxe may require a deposit before work begins.
The amount of any deposit will be clearly stated in your quotation and may be used to:
- Secure your booking and installation date.
- Order air conditioning equipment and associated materials.
- Cover supplier commitments and other costs reasonably incurred in preparing for your project.
We will not normally order project-specific equipment or materials until any required deposit has been received.
Any deposit paid forms part of the total price of the work and will be deducted from the final balance.
Important: A deposit is not automatically non-refundable. If you cancel, any amount retained will be assessed fairly and will reflect our genuine losses and costs that we cannot reasonably recover, subject always to your statutory cancellation rights.
Payment
Unless otherwise agreed with you in writing, the remaining balance for installation work is due immediately on completion of the agreed works.
For servicing, maintenance, diagnostics and repairs, payment is also normally due on completion of the work unless a different payment date has been agreed in writing.
Where AirLuxe agrees to issue an invoice with a later payment date, payment must be received by the due date shown on that invoice.
Payment must be made using one of the payment methods stated on the quotation or invoice. This may include bank transfer or any other payment method that AirLuxe makes available.
Where payment is made by bank transfer, please use the invoice number or other reference stated on the invoice so that we can correctly identify your payment.
Invoices
Where an invoice is issued, it will state the amount payable, the payment method and the date by which payment is due.
You are responsible for notifying us promptly if you believe an invoice is incorrect so that we can investigate the matter.
Late or Outstanding Payments
If payment is not received by the agreed due date, we may contact you to request payment and may suspend future non-essential work or bookings until any undisputed overdue amount has been paid.
Where reasonably necessary, we may also take proportionate steps to recover sums that are lawfully due to us.
Nothing in these Terms gives AirLuxe a right to impose charges, interest or recovery costs that would be unlawful or unfair under applicable consumer law.
Your Right to Cancel
Depending on how and where your contract with AirLuxe is entered into, you may have a statutory right to cancel the contract without giving a reason.
For certain contracts agreed at your home, online, by telephone, by email or otherwise away from our business premises, consumer law may give you a 14-day cancellation period beginning on the day after the contract is made.
Where this statutory cancellation right applies, we will provide you with the information required by law about how to cancel.
Nothing in these Terms limits or removes any statutory cancellation rights that apply to you.
Starting Work During a Cancellation Period
You may occasionally ask us to begin providing services before any applicable statutory cancellation period has expired.
Where the law requires it, we will only begin those services during the cancellation period after receiving your express request to do so.
If you then cancel after asking us to begin work during the cancellation period, you may be required to pay a proportionate amount for services that have already been properly provided before you informed us of the cancellation, where permitted by law.
If the service has been fully performed during the cancellation period, your statutory right to cancel may end where the legal requirements for this have been satisfied, including any acknowledgement required from you.
Cancellation by You
If you wish to cancel or rearrange an appointment or installation, please contact us as soon as reasonably possible.
For ordinary servicing, maintenance, diagnostic or repair appointments, we ask that you provide at least 48 hours' notice where reasonably possible.
If you cancel an installation or other project after equipment or materials have been ordered, we may be entitled to retain part of the deposit or recover reasonable cancellation costs to reflect losses that we have genuinely incurred and cannot reasonably avoid or recover.
When calculating any amount retained or charged following cancellation, we will take reasonable steps to reduce our losses, including considering whether equipment or materials can be cancelled, returned, reused or resold.
We will not impose an excessive cancellation charge or automatically retain all advance payments regardless of the circumstances.
Statutory cancellation rights take priority. Where consumer law gives you a specific right to cancel or receive a refund, those rights apply regardless of anything else in these Terms.
Cancellation or Rescheduling by AirLuxe
We may occasionally need to cancel or rearrange an appointment or installation due to circumstances such as illness, supplier delays, equipment availability, adverse weather, safety concerns or other matters beyond our reasonable control.
Where this happens, we will contact you as soon as reasonably practicable and will normally offer an alternative date.
If we cancel a contract in circumstances where you are not at fault and the work will not be rearranged, we will refund any advance payment relating to work or goods that we will no longer provide, subject to any rights and obligations imposed by law.
Customer Responsibilities
To allow us to provide our services safely and efficiently, you agree to:
- Provide accurate and complete information about the property, your requirements and any existing systems that may be relevant to the work.
- Provide safe and reasonable access to the areas of the property where work is to be carried out.
- Tell us about any known hazards, restrictions or relevant defects before work begins.
- Ensure that children and pets are appropriately supervised and kept away from working areas where necessary for safety.
- Ensure that an adult aged 18 or over is present where we have reasonably advised that this is required.
- Obtain any permission or consent that you are responsible for obtaining before the work begins.
If safe or reasonable access cannot be provided, we may need to postpone or suspend the work until the issue has been resolved.
Permissions and Property Restrictions
You are responsible for telling us about any restrictions affecting the property that may be relevant to the proposed work.
Depending on your circumstances, this may include requirements imposed by a landlord, freeholder, management company, lease, tenancy agreement, planning restriction or other property arrangement.
Unless we have expressly agreed in writing to obtain a particular permission on your behalf, you are responsible for obtaining any permissions or consents required from third parties before installation begins.
If you are unsure: please tell us before accepting the quotation so that any relevant property restrictions can be considered before equipment is ordered or work begins.
Installation and Appointment Dates
We will make reasonable efforts to attend and complete work on the dates agreed with you.
Occasionally, an appointment or installation may need to be delayed or rearranged because of circumstances outside our reasonable control, including:
- Supplier or manufacturer delays.
- Equipment or material availability.
- Adverse or unsafe weather conditions.
- Illness or unexpected staff availability.
- Transport disruption.
- Unforeseen technical or property-related issues.
- Events that make it unsafe or impracticable to continue the work.
If a significant delay occurs, we will let you know as soon as reasonably practicable and discuss the available options with you.
Nothing in this section affects any rights you may have where services are not provided within an agreed or otherwise reasonable time.
Unforeseen Site Conditions
Air conditioning installation can involve work within walls, ceilings, roof spaces or other areas where conditions may not be fully visible during an initial survey.
If we discover an unforeseen condition that materially affects the proposed installation, we will explain the issue and, where reasonably practicable, discuss any necessary change to the work, price or timescale with you before carrying out additional chargeable work.
Examples may include previously concealed obstructions, unsuitable structures, unexpected existing services, unsafe electrical conditions or other property conditions that could not reasonably have been identified beforehand.
Changes and Additional Work
If you ask us to change the agreed specification or carry out additional work after the quotation has been accepted, the price and completion time may change.
Where additional chargeable work is required, we will normally explain the additional work and its cost and obtain your agreement before proceeding.
Any agreed variation will form part of the contract between you and AirLuxe.
Care of Your Property
We will take reasonable care while working at your property and will carry out our services with reasonable care and skill.
Installation work may necessarily involve drilling, cutting, fixing equipment, routing pipework or cables and making other alterations that form part of the agreed installation. The nature and location of these works will be discussed with you as appropriate.
If AirLuxe causes damage to your property through a failure to exercise reasonable care and skill, we will not seek to exclude responsibility where doing so would be contrary to your legal rights.
Equipment, Materials and Ownership
Equipment and materials supplied for your project will be selected in accordance with the agreed quotation or specification, subject to any variation agreed with you.
If a specified product becomes unavailable before installation, we will discuss any proposed alternative with you before making a material substitution.
Unless otherwise agreed in writing, ownership of equipment and materials supplied by AirLuxe will pass to you once they have been supplied or installed and all amounts properly due for those goods and the associated work have been paid in full.
Nothing in this section limits any statutory rights you have in relation to goods supplied as part of our services.
Completion and Handover
Once installation work has been completed, we will take reasonable steps to check the operation of the installed system and provide appropriate information about its use.
Where applicable, you may also receive relevant product information, operating instructions and details of manufacturer warranty arrangements.
Please tell us as soon as reasonably possible if you believe there is a problem with the installation or the work we have carried out so that we can investigate it.
Warranties and Guarantees
Air conditioning equipment supplied by us may benefit from a manufacturer's warranty. The length, scope and conditions of any manufacturer's warranty depend on the manufacturer and product supplied.
Where applicable, we will provide or make available relevant information about the manufacturer's warranty associated with your equipment.
Some warranties may require conditions to be met in order to remain valid, such as registration of the equipment or periodic servicing and maintenance. Where we are aware of relevant requirements applying to your system, we will provide appropriate information to you.
A manufacturer's warranty is separate from your statutory consumer rights and does not replace or restrict those rights.
Your consumer rights remain protected. Any warranty or guarantee provided in connection with your installation is additional to, and does not replace, rights you may have under consumer law.
Servicing, Maintenance and Repairs
Where you book AirLuxe to service, maintain, diagnose or repair an air conditioning system, we will carry out the agreed work with reasonable care and skill.
The scope of the service will depend on what has been agreed with you and the condition of the system at the time of our visit.
A service, diagnostic visit or repair does not guarantee that an existing system will remain fault-free in the future. Air conditioning systems contain mechanical, electrical and electronic components that may develop faults independently of work previously carried out.
If we identify additional work or replacement parts that were not included within the original booking, we will explain what we have found and, where reasonably practicable, obtain your agreement to any additional charge before proceeding.
Fault Finding and Diagnostics
Diagnostic work is carried out using the information available and the condition of the system at the time of inspection.
Some faults may have more than one possible cause or may only occur intermittently. In these circumstances, further investigation, testing, parts or additional visits may be required before the underlying problem can be identified or resolved.
Where further chargeable work is recommended, we will explain this to you before proceeding wherever reasonably practicable.
Manufacturer and Product Faults
Where a fault appears to relate to equipment supplied as part of an AirLuxe installation, please contact us so that we can investigate the issue and advise you on the appropriate next steps.
Depending on the circumstances, a fault may be covered by your statutory consumer rights, a manufacturer's warranty, an AirLuxe obligation, or a combination of these.
We will not use a manufacturer's warranty as a substitute for any responsibility that AirLuxe has to you under applicable consumer law.
Where a fault is covered solely by a manufacturer's warranty, the repair or replacement process may also be subject to the manufacturer's applicable warranty procedures and conditions.
Our Responsibility to You
AirLuxe will provide its services with reasonable care and skill and will comply with the obligations that apply to us under consumer law.
We are responsible for loss or damage that is a foreseeable result of our breach of contract or our failure to use reasonable care and skill.
We are not responsible for loss or damage that was not caused by our breach, or that could not reasonably have been foreseen by you and AirLuxe when the contract was entered into.
Because these Terms are intended for residential consumers, we do not accept responsibility for business losses arising from use of our services for commercial or business purposes where it is fair and lawful for us to exclude such losses.
Nothing in These Terms Excludes Liability Where It Cannot Lawfully Be Excluded
Nothing in these Terms excludes or restricts our responsibility for:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Your statutory rights in relation to goods or services.
- Our obligation to perform services with reasonable care and skill.
- Any other liability that cannot lawfully be excluded or restricted.
Your legal rights remain protected. These Terms are not intended to remove or reduce any remedy that you are entitled to under applicable consumer law.
Existing Property and System Conditions
AirLuxe is not responsible for pre-existing defects, damage or faults that we did not cause.
This may include problems affecting existing electrical systems, pipework, drainage, structures, finishes or existing air conditioning equipment where the problem was already present or arises independently of the work carried out by AirLuxe.
If we become aware of a pre-existing condition that may affect our work, we will explain this to you where reasonably practicable.
Nothing in this section excludes responsibility for damage or loss caused by AirLuxe failing to exercise reasonable care and skill.
Events Outside Our Reasonable Control
We will not be responsible for a delay or failure to perform an obligation where it is caused by an event genuinely outside our reasonable control and we have taken reasonable steps to minimise its effect.
Such circumstances may include:
- Extreme or unsafe weather conditions.
- Serious transport disruption.
- Unexpected supplier or manufacturer disruption.
- Power or utility failures.
- Government restrictions or changes in law.
- Other exceptional circumstances that we could not reasonably prevent.
If an event outside our reasonable control materially affects your booking or installation, we will contact you as soon as reasonably practicable and discuss the available options.
If the event causes a significant delay and the contract cannot reasonably continue, any rights that you or AirLuxe have to end the contract will be subject to applicable law, including your rights in relation to payments for goods or services that have not been provided.
Complaints and Putting Things Right
We want you to be satisfied with the service you receive from AirLuxe. If you believe there is a problem with our work, equipment we have supplied or any aspect of our service, please contact us as soon as reasonably possible so that we can investigate.
Where AirLuxe is responsible for a problem, we will take appropriate steps to put matters right in accordance with our contractual obligations and your rights under applicable consumer law.
Depending on the circumstances and your legal rights, this may include repeating or correcting work, repairing or replacing goods, providing an appropriate price reduction or another remedy required by law.
You can contact us at: ben@airluxeac.co.uk .
Please provide your name, property address, relevant quotation or invoice number where available, and a description of the issue so that we can investigate it efficiently.
Privacy and Personal Information
We may collect and use personal information in connection with enquiries, quotations, bookings, installations, servicing, repairs, payments and our ongoing relationship with you.
We will handle personal information in accordance with applicable data protection law and our Privacy Policy.
Our Privacy Policy explains what information we collect, why we use it, how long we may retain it, who it may be shared with and the rights available to you.
Communications
We may communicate with you by email, telephone, text message or other contact method that you provide to us where reasonably necessary in connection with your enquiry, quotation, booking, installation or other services.
You are responsible for providing accurate contact information and for notifying us if your relevant contact details change before work has been completed.
Nothing in this section gives AirLuxe permission to send direct marketing where consent or another lawful basis is required. Any marketing communications will be handled separately in accordance with applicable law and our Privacy Policy.
Subcontractors and Third Parties
AirLuxe may use suitably qualified subcontractors, specialists, suppliers or other third parties where reasonably necessary to provide part of the services or fulfil our obligations to you.
Where we use a subcontractor to perform services that AirLuxe has agreed to provide under our contract with you, this does not remove any responsibility that AirLuxe has to you under applicable law.
We may also need to obtain equipment or materials from manufacturers, distributors and other suppliers in order to complete your project.
Transfer of the Contract
AirLuxe may transfer its rights or obligations under the contract where it is reasonable to do so and where doing so does not reduce your rights under the contract.
You may transfer your rights or obligations under the contract where we agree to this in writing or where you have a legal right to do so.
If Part of These Terms Is Unenforceable
Each provision of these Terms operates separately.
If a court or other competent authority decides that any provision, or part of a provision, is unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
No Waiver of Rights
If AirLuxe does not immediately enforce a right or remedy available to us under the contract, this does not necessarily mean that we have given up that right or remedy.
Similarly, nothing in these Terms is intended to prevent you from exercising any right or remedy available to you under applicable consumer law.
Changes to These Terms
We may update these Terms & Conditions from time to time to reflect changes to our services, business practices, applicable law or regulatory guidance.
The version that applies to your contract will normally be the version provided or made available to you when the contract is formed, unless a later change is agreed with you or is required by law.
We will not use a later version of these Terms to retrospectively make a material change to an existing contract without an appropriate legal basis or your agreement where this is required.
Governing Law and Courts
These Terms & Conditions and any contract between you and AirLuxe are governed by the laws of England and Wales.
If you are a consumer resident in England or Wales, you may bring legal proceedings in the courts of England and Wales.
If applicable consumer law gives you the right to bring proceedings in another part of the United Kingdom, nothing in these Terms is intended to remove that right.
Contact Us
If you have any questions about these Terms & Conditions, your quotation, an existing booking or services provided by AirLuxe, please contact us.
AIRLUXE AIR CONDITIONING LTD
Company Number: 17033213
Registered Office:
37 McCartney Walk
Basingstoke
RG22 4NZ
United Kingdom
Email: ben@airluxeac.co.uk
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Questions About These Terms?
If you have any questions about these Terms & Conditions, your quotation or an AirLuxe service, please get in touch and we'll be happy to help.
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