Web Site Terms and Conditions of Sale
Our Terms
1.1 These Terms and Conditions of Sale set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law.
1.2 If you do not understand any of these Terms and want to talk to us about it, please contact us by completing the form on the Contact page.
1.3 Definitions:
1.3.1 "We", "us" or "our" means Mensura Limited (Company Number 14499011) (VAT Registration Number 428 7839 48), with our registered office being at 71-75 Shelton Street, London WC2H 9JQ. References to us in these Terms also includes any group companies which we may have from time to time.
1.3.2 "Our site" or "Web Site" means the Web Site on which these Terms and Conditions are displayed including but not limited to the following websites: mensura.co.uk and any aliases, redirections, and/or subdomains.
1.3.3 "Terms" means these Terms and Conditions of Sale as updated from time to time.
1.3.4 "You" or "your" means the person accessing or using our Web Site to make purchases from us.
1.4 We are regulated by The Royal Institution of Chartered Surveyors. For more details of what this means for you, please visit www.rics.org.
Terms and conditions of sale
2.1 These Terms apply to any sale of services on our Web Site. If you buy services on our Web Site you agree to be legally bound by these Terms and to the terms and conditions contained herein.
2.2 These Terms are only available in English. No other languages are available for these Terms.
2.3 When buying any services on our site you also agree to be bound by:
2.3.1 Our terms and conditions of use and any documents referred to therein;
2.3.2 Extra terms which may add to, or replace some of, these Terms. This may happen due, for example, to changes in regulatory or legal requirements. We will contact you to let you know if we intend to do this by giving you at least one week's notice. You can end the contract created by these Terms at any time by giving one week's notice if we tell you extra terms apply.
2.3.3 Specific terms may apply to certain services. If you want to see these specific terms, please visit the relevant web page for the services.
2.3.4 Any documents and/or terms relating to 2.3.2 and 2.3.4 for part of these Terms as though set out in full here.
Information we give you
3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information please (i) navigate to the following page: mensura.co.uk/consumer-contracts.html ; or (ii) read the Confirmation email that will be sent to you when you have ordered services from us (see 4 below); or (iii) contact us using the Contact form.
3.2 The key information we give you by law forms part of these Terms as though set out here in full.
3.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Ordering from us
4.1 Here we set out how a legally binding contract between you and us is made.
4.2 You place an order on our Web Site by adding one or more services to a basket and then click the basket to proceed to the checkout having selected the quantity and added any relevant notes or information that may be requested. You then complete the Order Form and finish the process by selecting a method of payment to confirm the order.
4.3 Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us. In the event that you place an order for an Order of Cost Estimate or for a Cost Plan 1, 2 or 3 in a lower price band than the resultant Estimate or Cost Plan then we will require you to pay any difference in price between those price bands before we will release the work. If this occurrence arises we will inform you accordingly.
4.4 When you place your order at the end of the online checkout process (i.e., when you confirm payment), we will acknowledge it automatically. This acknowledgement does not mean that your order has been accepted.
4.5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.5.1 the services are unavailable;
4.5.2 we do not have sufficient resources to complete the order in the time-frame you require;
4.5.3 we cannot authorise your payment (or we are waiting for your payment to clear);
4.5.4 you are not allowed to buy services from us;
4.5.5 we are not allowed to sell services to you;
4.5.6 the number of services you have ordered is too great and/or we would not have sufficient resources available to complete your order;
4.5.7 we feel that you would be better serviced by engaging a consultant for the entire project;
4.5.8 there has been a mistake in pricing or in the description of the services.
4.6 We will only accept your order when we send you an email to confirm this (Confirmation Email). At this point: (i) a legally binding contract will be in place between you and us; and (ii) your order will be fulfilled. Where we require you to send us additional information prior to completing your order and this is not received within 30 days of the Confirmation Email then we will cancel your order and process a refund less 20% administrative costs.
4.7 If you are under the age of 18 you may not buy any services from us. By placing an order with us you are representing that you are over 18 years of age.
Right to cancel - Non business customers
5.1 If you are buying from our Web Site for business purposes, this section does not apply. Instead please see the section below entitled "Right to cancel - business customers".
5.2 If you are buying services from our Web Site for non-business purposes, you have the right to cancel the contract created by these Terms within 14 days without giving any reason.
5.3 The cancellation period will expire 14 days from the day on which the contract was entered into under these Terms.
5.4 To exercise the right to cancel, you must inform us of your decision to cancel the contract created by these Terms by a clear statement (e.g. in a letter sent to our registered office by post or email (but not via our Contact page)). You may use the model cancellation form as set out below, but it is not obligatory.
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Cancellation Form
To: Mensura Limited, 71-75 Shelton Street, London. WC2H 9JQ, or
sales@mensura.co.uk
1/We hereby give notice that I/We cancel my/our contract of sale of the supply of the following service:
Order No:
Ordered on:
Name of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s) (if notified on paper)
Date:
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5.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Right to cancel - Business customers
6.1 If you are buying services from our Web Site for business purposes, you shall not be able to cancel the contract created under these Terms at any time. Orders placed by Small Self Administered Schemes (SSAS) are considered to be business to business transactions.
Payment and right to cancel if performance of services requested to commence before expiry of 14 day cancellation period
7.1 If you request us to begin the performance of services during the 14 day cancellation period referred to at "Right to cancel - Non business customers" above, you shall pay us an amount which is in proportion to what has been performed until the date you have communicated to us your cancellation of the contract created under these Terms, in comparison with the full coverage of the contract.
7.2 You will lose the right to cancel the contract created under these Terms if the services have been fully performed at your express request within the cancellation period (in which case we will ask you to confirm that you understand you will lose your right to cancel).
Effects of cancellation - Non business customers
8.1 If you cancel the contract created under these Terms in accordance with the clause entitled "Right to cancel - Non business customers" we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
8.2 We may make a deduction from the reimbursement for loss in any value in goods supplied, if the loss is the result of unnecessary handling by you.
8.3 We will make the reimbursement without undue delay, and not later than:
8.3.1 14 days after the day we received back from you any goods supplied; or
8.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
8.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract created under these Terms.
8.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of reimbursement.
Performance of services
9.1 Where possible we will offer the opportunity to confirm the time and date for performance of services purchased during the confirmation process and prior to the purchase of the services.
9.2 In other cases we may offer you the opportunity to book the time and date for performance of services following purchase of those services.
9.3 In all cases we seek to perform the services purchased within a reasonable time and without causing you significant inconvenience.
9.4 Please note that where performance is requested or confirmed to commence within 14 days of purchase the above clause entitled "Payment and right to cancel if performance of services requested to commence before expiry of 14 day cancellation period" will be applicable.
9.5 If you have any questions as regards the time or date for performance of purchased services please contact us immediately using the Contact page.
Payment
10.1 We accept the following means of payment:
10.1.1 Cheque
10.1.2 Bank Transfer
10.1.3 PayPal
10.1.4 Purchase Order
10.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for services is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
10.3 Your credit card or debit card will only be charged when you confirm your order.
10.4 Any payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard® SecureCode™ or equivalent services.
10.5 If your payment is not received by us and you have already received any goods, you
10.5.1 must pay for such goods within 30 days; or
10.5.2 must return them to us as soon as possible. If so, you must keep the goods in your possession, take treasonable care of them (including ensuring that you follow any instructions or manuals given within the goods) and not use them before you return them to us.
10.6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
10.7 Nothing in this clause affects your legal rights to cancel during any applicable "cooling off" period detailed under the Clauses entitled "Right to cancel - Non business customers" and "Effects of cancellation - Non business customers" above.
10.8 The price of the services:
10.8.1 is in Pounds Sterling (£)(GBP);
10.8.2 excludes VAT at the applicable rate; and
10.8.3 does not include the cost of delivering the goods (delivery options, if applicable, will be provided before you place your order).
Nature of services
11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as statutory rights), for example, that any services purchased are performed by us with reasonable skill and care.
11.2 We must provide you with services that comply with your legal rights.
11.3 When we supply services:
11.3.1 we will use all reasonable skill and care in the performance of those services;
11.3.2 where the price is not agreed beforehand we will provide the service for a reasonable price; and
11.3.3 we will perform the services within a reasonable time.
Unsatisfactory performance of services
12.1 Your legal rights under the Consumer Contracts Act 2015 (also known as "statutory rights") are set out in the Consumer Contracts policy. They are a summary of your key rights. for more detailed information on your rights and what you should expect from us, please:
12.1.1 visit our web page, www.mensura.co.uk/complaints;
12.1.2 contact us using the Contact page; or
12.1.3 visit the Citizens Advice website www.citizensadvice.co.uk.
12.2 Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as "statutory rights"). You may also have other rights in law.
12.3 Please contact us using the contact details above, if you want :
12.3.1 repeat performance of services provided;
12.3.2 a price reduction.
End of the contract
13 If the contract that is created between us under these Terms is ended, it will not affect our right to receive any money which you owe to us under these Terms.
Limit on our responsibility to non-business customers
14.1 The provisions of this section shall apply to purchases made for non-business purposes only.
14.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), in the case of purchases made for non-business purposes, we are not legally responsible for:
14.2.1 losses that (a) were not foreseeable to you and us when the contract was formed, or (b) that were not caused by any breach on our part;
14.2.2 business losses; and
14.2.3 losses to non-consumers.
Indemnity and insurance
15.1 You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under these Terms.
15.2 You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under these Terms. On request, you shall supply reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.
Limitation of Liability
16.1 The extent of the parties' liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.
16.2 Subject to the sub-clauses below entitled "Exceptions", our total liability shall not exceed the sum of £1,000 pounds (One thousand pounds) or the price paid for the services, whichever is the lesser sum.
16.2 Subject to the sub-clauses below entitled "Exceptions", we shall not be liable for consequential, indirect or special losses.
16.3 Subject to the sub-clauses below entitled "Exceptions", we shall not be liable for any of the following (whether direct or indirect):
16.3.1 loss of profit;
16.3.2 loss or corruption of data;
16.3.3 loss of use;
16.3.4 loss if production;
16.3.5 loss of contract;
16.3.6 loss of opportunity;
16.3.7 loss of savings, discount or rebate (whether actual or anticipated);
16.3.8 harm to reputation or loss of goodwill.
16.4 Exceptions:
16.4.1 The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms.
16.4.2 Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:
16.4.2.1 death or personal injury caused by negligence;
16.4.2.2 fraud or fraudulent misrepresentation;
16.4.2.3 any other losses which cannot be excluded or limited by applicable law;
16.4.2.4 any losses caused by wilful misconduct.
Modus Operandi
17.1 Our services will ordinarily be provided in accordance with the procedures laid down in our operating procedures.
17.2 We reserve the right to update or otherwise amend our operating procedures at any time without notice.
Rights of third parties
18 No one other than a party to these Terms has any right to enforce any of these Terms.
Disputes
19.1 We will try to resolve any disputes with you quickly and efficiently.
19.2 If you are unhappy with (i) the services, (ii) our service to you, (iii) any other matter, then please contact us as soon as possible.
19.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
19.3.1 let you know that we cannot settle the dispute with you; and
19.3.2 consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint;
19.3.3 provide you with information about our Regulators and their Ombudsman scheme.
19.4 In certain circumstances, you or we, may refer the matter to adjudication in accordance with the Scheme for Construction Contracts.
19.5 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
19.6 The laws of England and Wales apply to these Terms.
These Terms are current and up to date as of 1 January 2023 (v1.0).