Terms and conditions for 2024 service
This agreement is made between the resident ('the Customer') and Warrington Borough Council ('the Council') and sets out the terms and conditions under which the Customer may use the Council's garden waste fortnightly collection service ('the Service').
In line with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Customer has 14 days from the day after agreeing to these Terms and Conditions to request cancellation of the Service. Cancellation of the contract within the cooling off period must be made by the customer by using the cancel form within their My Warrington customer account or by contacting the customer service team on 01925 443322.
If you cancel within the 14-day time period, we will repay to you the money you have already paid us for the Service (see paragraph 2.2 below for details).
Definitions
'Service' shall mean the collection via a wheeled bin of domestic green waste.
'Service Year' shall mean the period commencing on the published dates from Warrington Borough Council.
'Wheelie Bin' shall mean a bin sized at 240 litres.
1. Service Subscription
1.1 The Council does not have a statutory duty to collect garden waste and by paying the Subscription the Customer will subscribe to the Service.
1.2 The Service is for householders and businesses.
1.3 Subscription terms are based on collections between March and December. Only Customers who have paid their subscription at least one month in advance are guaranteed to receive the Service from the start of the Service year.
1.4 The Service will operate throughout the Service Year.
1.5 The contract between the Customer and the Council will start on the date the Council receives the completed application from the customer.
1.6 The Subscription consists of an annual charge to the Customer which is set by the Council for the relevant Service Year. The cost of the Service is determined by the Council on an annual basis. The full yearly fee will be required whatever date the subscription was taken out either before or within the relevant Service Year.
1.7 Full payment, including the payment for any bins/additional bins will be taken at the point of the contract being entered into and before the Service is provided.
1.8 Communal properties wishing to subscribe to the service must register through their housing association/letting agent or formal resident's group.
1.9 Payment can be made by credit or debit card as part of the subscription application process. The Customer can complete a subscription application online at warrington.gov.uk/gardenwaste or by contacting the Customer Services Team on 01925 443322.
1.10 The Council reserve the right to make minor amendments to these terms and conditions. Publication of such changes on its website will constitute notice to all persons for all purposes of such and on such publication, such amended terms and conditions shall govern the contractual relationship between the parties.
2. Termination
2.1 You can cancel your subscription at any time, but we won't refund unless you cancel within 14 days of the date you subscribed. After this 14-day period, refunds will not be given.
2.2 Pursuant to the notice appearing at the top of these terms and conditions, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“2013 Regulations”) the Customer is entitled to cancel the contract in the following circumstances:
2.2.1 the agreement was made over the phone or via the Council's website/Subscription portal.
2.2.2 the request for a refund is not made more than 14 days after the contract for the Service was entered into.
2.3 Cancellation of the contract within the cooling off period must be made by the customer by using the cancel form within their My Warrington customer account or by contacting the customer service team on 01925 443322.
3. Garden Waste Permits
3.1 When full payment has been received for the Service a self-adhesive permit will be sent to the customer.
3.2 The self-adhesive permit provides a visual identification of payment which will allow the collection crews to identify which garden waste bins are to be emptied.
3.3 If the Customer subscribes to more than one bin the Customer will receive a permit for each bin.
3.4 The wheelie bin must display the permit issued by the Council upon payment of the annual charge. It is the responsibility of the Customer to display the subscription permit on the wheelie bin. The subscription permit must be displayed underneath the handle on the body of the wheelie bin. It must be presented in accordance with the clauses in clause 6 of this agreement and positioned so that the subscription permit is visible from the roadside.
4. Storage of Wheelie bins
4.1 Wheelie bins shall be kept at the property stated when the Customer ordered the Service and may only be removed with the prior permission of the Council. The wheelie bins remain the property of the Council at all times.
4.2 The Customer will be responsible for any loss (including theft) or damage to the wheelie bin(s) and will be required to pay the Council for the administration and delivery of a replacement bin as detailed on our website warrington.gov.uk/newbin
4.3 Throughout the subscription period the Customer shall be responsible for the safekeeping of the wheelie bin(s), the cleanliness of the wheelie bin(s).
4.4 Only wheelie bins that are damaged through the fault of the Council and reported as such will be replaced by the Council at the Council's cost.
4.5 Replacement wheelie bins may be second-hand. The Customer should expect the second-hand bin to be clean and free of writing and without faults at the time of delivery.
If the Customer decides not to pay for a replacement wheelie bin(s) they will be unable to present garden waste for collection and by default, choose to opt out of the Service. They will not however, receive a refund.
5. Moving house
5.1 If Customers move house within the Borough to an eligible property their subscription will continue at their new address. Customers will be sent a new permit for the wheelie bin(s) at their new property once they have updated their Garden Waste subscription address.
5.2 Customers are responsible for informing the Council that they are moving house.
5.3 Customers are responsible for the removal of the permit at their current address and ensuring new permit(s) are displayed correctly at their new address.
5.4 If Customers subscribe to the Service and move to a home outside the Warrington Borough the Customer will not be eligible for a refund of the subscription fee.
6. Service conditions
In using the Service, the Customer accepts that:
6.1 Wheelie bins must be presented, at the front of the house, or collection point and presented in accordance with the provisions stated in clause 3.4 of these terms and conditions
6.2 Wheelie bins must be presented on their scheduled collection day by 6:30am (or no earlier than 5pm the day before) and then, retrieved by the Customer no later than midnight of the day of collection. If the wheelie bins are not presented properly in accordance with these terms and conditions on the scheduled day of collection the wheelie bin(s) cannot be reported as missed and will not be considered a missed collection for the purposes of clause 7.
6.3 Customers can check their day of collection by visiting warrington.gov.uk/your-next-bin-collection-day or by contacting our Customer Services team on 01925 443322.
6.4 Lids of wheelie bin(s) containing garden waste must be fully closed. The Council operates a flat lid policy. The wheelie bin(s) must not be compacted too densely as to make the wheelie bin(s) too heavy and unable to be collected. The Council reserves the right not to empty the bin in this instance. If the Customer persistently does not comply with the requirements in this clause, the Council reserves the right to remove the wheelie bin(s) and cancel the Service, without refund.
6.5 Customers may use the Service for the collection of items of household garden waste. Any waste or matter not specified on our website, warrington.gov.uk/what-you-can-put-your-black-blue-and-green-bin will be deemed as non-permitted waste. The Customer is not permitted to use the Service for the collection of non-permitted waste. If non-permitted waste is presented for collection using the Service, it will not be collected.
6.6 The Council reserves the right not to empty/collect any bin that in its reasonable opinion poses a health and safety risk to operatives (as detailed in clause 6.4) and may require the Customer to take steps to reduce the risk to operatives before any further attempt to empty/collect is undertaken.
6.7 Only Garden waste wheelie bins supplied by the Council and displaying a valid permit will be emptied. Garden waste presented in any other container will not be collected.
6.8 The Council has the right to cancel any contract where the garden waste is produced as a result of a commercial operation and not domestic, with no refund.
7. Refunds
7.1 Following the appropriate fee being paid, refunds for the Service will be considered (at the discretion of the Council) in the following circumstances:
7.1.1 where there has been a Service failure as detailed in clause 7.2 below (except where due to any event(s) outside the Council's control); or
7.1.2 where the Customer is exercising their statutory right of cancellation under the 2013 Regulations.
7.2 The following circumstances will be deemed as a Service failure:
7.2.1 If the Council fails to deliver a garden waste wheelie bin within 6 weeks of the date on which the Customer should have had their first collection in any service year; or
7.2.2 If the Council fails to replace a garden waste wheelie bin within 6 weeks of the date on which the Customer reports that they have damaged a bin; or
7.2.3 If the Council fails to rectify a reported missed collection of garden waste on 3 consecutive nominated collection days.
8. Events outside the Council's control
8.1 The Council and its Contractor will not be responsible for any failure to perform or delay in performance of any of the Council's obligations under these terms and conditions that is caused by an 'Event Outside the Council's Control.' If an 'Event Outside the Council's Control' affects the Council's ability to deliver the Service, it will resume normal Service as soon as reasonably practicable after the 'Event Outside the Council's Control' is over and such event shall not entitle the Customer to cancel the Subscription and claim a refund.
8.2 'Events Outside the Council's Control' means any act or event beyond the Council's reasonable control, including without limitation strikes or other industrial action, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, extreme weather or other natural disaster, power failure, internet service provider failure, technological failure, breakdown in machinery/collection vehicles and frozen bins.
8.3 The Council will not be liable for any loss of profit or any direct or indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Council's employees, contractors, agents or otherwise) in connection with its provision of the Service or the performance of any of its other obligations under these terms and conditions or with the use by the Customer of the Service supplied whether as a result of breach of contract, breach of statutory duty, tort (including negligence), or their contents being presented by the Customer in an unsafe manner or otherwise howsoever arising.
9. Complaints
9.1 For any initial complaints regarding the service, the Customer should email the Council [email protected] or by contacting the Customer Services Team on 01925 443322.
9.2 If the Customer is not satisfied with the outcome of the complaint, they may use the Council's complaints procedure on our website warrington.gov.uk/complaints.
10. Privacy
10.1 The Council will treat all information provided in confidence, in accordance with the Data Protection Act 2018 and the UK GDPR and will be used for the purpose or purposes for which it was intended and may be shared with other departments in the council and other enforcing authorities for the purpose of preventing fraud, misuse of public funds and any legal or statutory requirements. Read more information on how we process your personal data and your rights as a data subject.
10.2 Customers acknowledge that the Council will use their personal details to contact them from time to time in relation to the provisions of this service or renewal of subscriptions.