Cancellation & Refund Policy

1. Introduction

This policy explains your rights to cancel our services, when refunds apply, and how to make guarantee claims. It applies to all services provided by Chelsea Emergency Repairs (My Trusted Builder Ltd).

For the full terms governing our services, please see our Terms of Service.

2. Cancellation Before Work Commences

2.1 Cooling-Off Period (14 Days)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a statutory right to cancel most contracts within 14 days if the contract was concluded:

• At your home or workplace
• During an excursion organised by us away from our business premises
• Remotely (by phone, email or online) without prior face-to-face contact at our trade premises

Important: The cooling-off period does NOT apply if:

• You have explicitly requested urgent work to begin within the 14-day period
• The contract is for emergency repairs where immediate action was necessary to prevent damage
• You visited our trade premises and signed the contract there (though we do not have public walk-in premises)

2.2 How to Cancel During Cooling-Off Period

To cancel within the 14-day cooling-off period:

• Send written notice to [email protected]
• Include your name, address and reference to the work quoted/agreed
• State clearly that you are exercising your right to cancel

A simple statement such as "I hereby cancel the contract dated [date] for works at [address]" is sufficient.

2.3 Refund During Cooling-Off Period

If you cancel within the cooling-off period and work has not commenced:

• We will refund any deposit paid within 14 days of receiving your cancellation notice
• The refund will be made using the same payment method you used
• If you requested an assessment and we quoted separately for it, the assessment fee (if applicable) is not refundable

2.4 Cancellation After 14 Days but Before Work Starts

If you cancel more than 14 days after contract formation but before work has commenced:

• More than 5 working days before scheduled start: Full refund of deposit
• Within 5 working days of scheduled start: We may retain up to 20% of the contract value to cover mobilisation costs and lost scheduling, provided we can demonstrate actual loss
• Specially ordered materials: If we have already ordered materials specifically for your project (not from standard stock), the cost of these materials is deductible from any refund

We will provide evidence of any costs deducted (invoices, correspondence with suppliers).

3. Cancellation After Work Has Commenced

3.1 Your Right to Cancel

You may cancel the contract at any time after work has commenced by giving written notice. However, you remain liable for:

• Payment for all work completed up to the cancellation date
• Cost of materials ordered or procured specifically for your project
• Reasonable demobilisation costs (typically 5-10% of remaining contract value)
• Any discount or promotional rate applied may be recalculated at standard rates

3.2 Calculation of Amount Due

On cancellation after work commencement, we will provide an invoice within 7 days showing:

• Work completed, valued at the proportionate contract rate
• Materials ordered, with supplier invoices attached
• Demobilisation costs (if applicable)
• Less any deposits or stage payments already made

If you have overpaid relative to work completed, we will refund the balance within 14 days.

3.3 Partial Completion Issues

If you cancel mid-project:

• We will make the site safe before leaving
• We will provide documentation of work completed (photos, test certificates where applicable)
• We cannot guarantee that another contractor will be willing to complete our partially completed work
• Outstanding guarantees may be voided if another contractor modifies our work without our involvement

4. Cancellation by Us

4.1 When We May Cancel

We reserve the right to suspend or cancel services if:

• Payment is not received when due (after 7 days' written notice)
• You become insolvent, enter bankruptcy, or have a receiver appointed
• Site conditions are unsafe and you refuse to remedy the situation
• You persistently breach the Terms of Service
• Force majeure events continue for more than 30 days
• We discover conditions that make the work impossible or illegal (e.g., unremediated asbestos)

4.2 Refund If We Cancel

If we cancel the contract for reasons other than your breach:

• You will be refunded any advance payments for work not yet completed
• You remain liable for payment for work already completed
• We will provide 7 days' written notice where practicable

If we cancel due to your breach (e.g., non-payment), no refund is due for work completed, and you remain liable for the full contract price.

5. Deposits

5.1 When Deposits Are Required

Deposits are required for:

• Contracts over £1,000 (typically 50%)
• Projects requiring specially ordered materials
• Emergency out-of-hours attendances (may require callout fee upfront)

5.2 Deposit Protection

Your deposit is held in our client account and is:

• Refundable according to the cancellation terms above
• Applied to the final invoice when work completes
• Not used for other projects until your work commences

5.3 When Deposits Become Non-Refundable

Deposits become non-refundable when:

• Work has commenced (then assessed under Section 3)
• Specially ordered materials have been procured (cost of materials is deductible)
• The cancellation is within 5 working days of the scheduled start (see Section 2.4)

6. Guarantee Claims (Not Refunds)

For property repair services, "refunds" are rarely appropriate when issues arise after completion. Instead, we provide guarantee coverage for remedial work.

6.1 Guarantee Periods

• Standard workmanship: 2 years from completion
• Waterproofing and structural repairs: Up to 10 years (where indemnified guarantee is specified)
• Materials and equipment: Manufacturer's warranty (typically 1-10 years depending on product)

6.2 What the Guarantee Covers

Our guarantee covers defects in workmanship directly attributable to our work, including:

• Leaks resulting from faulty installation
• Electrical faults from incorrect wiring
• Structural failures from improper repair methods
• Material failures (passed through as manufacturer warranty)

6.3 What the Guarantee Does NOT Cover

The guarantee does not cover:

• Work carried out by others on the same elements without our consent
• Failure to follow maintenance instructions provided on completion
• Damage caused by impact, neglect, or improper use
• Natural wear and tear (e.g., sealant degradation after several years)
• Acts of nature (storm, flood, subsidence) occurring after completion
• Pre-existing conditions that were not part of our original scope
• Cosmetic issues that do not affect functionality

6.4 How to Make a Guarantee Claim

1. Notify us promptly: Contact [email protected] with details of the issue, including photographs where possible
2. Acknowledgement: We will acknowledge your claim within 2 working days
3. Inspection: We will arrange to inspect the issue within 10 working days (sooner for urgent matters)
4. Assessment: We will confirm in writing whether the issue is covered by guarantee
5. Remedial work: If covered, we will provide a timeframe for the repair work

6.5 Remedies Under Guarantee

If a guarantee claim is validated, our remedy will be:

• Repair of the defective work (preferred), or
• Replacement of the affected elements, or
• In exceptional cases where repair is not possible: partial refund of the contract value attributable to the defective work

We do not provide full refunds for completed work where the issue affects only part of the scope.

6.6 Guarantee Transfer on Property Sale

Our guarantees are tied to the property, not the original client. If you sell the property:

• The guarantee transfers automatically to the new owner
• We can provide guarantee documentation for conveyancing
• The guarantee period is not extended by the transfer

7. Disputes About Quality

7.1 Informal Resolution

If you are dissatisfied with work quality:

• Contact us immediately at [email protected]
• Provide photographs and a clear description of the issue
• We will respond within 2 working days
• We will arrange inspection within 10 working days

7.2 Independent Expert Assessment

If we cannot agree on whether an issue is a guarantee-covered defect:

• Either party may propose an independent expert assessment
• We suggest using a RICS-qualified surveyor or relevant trade body assessor
• Costs are shared equally if the assessment finds partial fault on both sides
• If the assessment finds entirely in your favour, we bear full costs
• If the assessment finds entirely against you, you bear full costs

7.3 Alternative Dispute Resolution

If informal resolution and expert assessment fail, you may refer the dispute to:

• The Property Ombudsman (www.tpos.co.uk)
• TrustMark (www.trustmark.org.uk)
• Federation of Master Builders Dispute Resolution (www.fmb.org.uk)

These services may charge a fee but are typically less expensive than court proceedings.

8. Refund Processing

8.1 Refund Timeline

When a refund is due:

• We will process it within 14 days of agreeing the amount
• Bank transfers typically complete within 3-5 working days
• Card refunds may take 5-10 working days to appear on your statement

8.2 Refund Method

Refunds will be made using the original payment method where possible:

• Card payments: refunded to the same card
• Bank transfer: refunded to the account from which payment was received
• Cash: refunded by bank transfer or cheque (cash refunds over £50 not available)

8.3 Interest

We do not pay interest on refunds unless the delay exceeds 30 days due to our fault.

9. Insurance-Funded Work

For work funded through insurance claims:

• Cancellation rights remain the same as above
• If the insurer declines the claim after work has commenced, you become responsible for payment
• If the insurer reduces the settlement, you are responsible for the shortfall
• Guarantee claims are handled directly with you, not through the insurer

10. Changes to This Policy

We may update this Cancellation & Refund Policy from time to time. Changes will be posted on our website with an updated date. Changes do not apply retroactively to contracts already formed.

11. Contact for Cancellations and Refunds

For cancellation notices, refund enquiries or guarantee claims:

• Email: [email protected]
• Phone: 07458 148224
• Post: Chelsea, London (by appointment only)

Written cancellation notices should be sent by email for fastest processing. For formal legal notices, recorded delivery post is recommended.

12. Your Statutory Rights

Nothing in this policy affects your statutory rights under:

• Consumer Rights Act 2015 (services must be performed with reasonable skill and care)
• Consumer Contracts Regulations 2013 (cooling-off period for distance and off-premises contracts)
• Supply of Goods and Services Act 1982 (implied terms about quality and fitness for purpose)