Business Customer Terms

Version 1.1

These terms are for businesses that book and pay for a move themselves on movesmith.uk by ticking "Booking for a business?" at checkout. They apply to Bookings made from the date this version is published.

In short

- You book as a business. Consumer rights such as the 14-day cooling-off period don't apply. - Your contract is with Movesmith. An approved independent mover does the move for us. - One fixed price, including VAT. It changes only in the ways clause 5 lists. - Cancelling is free 48 hours or more before. The same fees and date-change rules apply as for any booking. - Movesmith Cover protects your goods. We don't pay for lost profit, lost trade or delay.

This summary helps you find your way. The numbered clauses decide if anything differs.

1. Who these terms are for

1.1 Businesses booking directly. These terms are for a business that books and pays for a move itself through the Movesmith website. This includes sole traders, partnerships, companies, charities and landlords, for example a shop, office, café, salon, landlord or online seller.

1.2 You confirm you are a business. By ticking "Booking for a business?" you confirm that you are booking wholly or mainly for your trade, business, craft or profession. The person who books confirms they have authority to bind the business named at checkout.

1.3 Moving your own home? Please untick "Booking for a business?". The Customer Terms then apply instead. If you are in fact booking as a consumer, the law may still give you consumer rights. Nothing in these terms takes away a right the law does not allow us to remove.

1.4 No cooling-off period. Because you book as a business, the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to your Booking. There is no 14-day cancellation right. The cancellation fees in clause 8 apply from the moment you book.

1.5 Other business agreements. These terms do not apply where:

(a) your organisation books through Movesmith Business. The Business Customer Agreement applies instead; or

(b) we confirm your Booking as an office move under separate office move terms. Those terms apply instead.

2. How these terms fit with the Marketplace Terms

2.1 What your contract is. Your contract is your Booking confirmation, the Quote you accepted, any change you accept through Movesmith, these terms, and the Movesmith Marketplace Terms as these terms apply them.

2.2 Which parts of the Marketplace Terms apply. Part A (All Users) applies to you. Part C (Customers) applies to your Booking as changed by these terms. Where these terms and Part C differ, these terms apply. Part B is for operators.

2.3 Consumer wording in Part C does not apply. Wording in Part C that gives or refers to rights as a consumer does not apply to you. This includes clause 34 (cooling-off period), clause 26.4, and the statements that your statutory rights as a consumer are not affected.

2.4 Same-day bookings. The Same-Day Booking Terms apply to a same-day Booking in the same way as for any customer.

2.5 Words with capital letters have the meanings given in the Marketplace Terms.

2.6 Our trading conditions. These terms, with the Marketplace Terms as these terms apply them, are Movesmith's trading conditions for your Booking. You accept them by ticking the box at checkout before you pay. We record the version you accepted and the time.

2.7 Your own terms don't apply. Terms printed on or linked from your purchase order, email or other document do not form part of your contract.

3. Who does what

3.1 Your contract is with Movesmith. Your contract is with Movesmith Ltd, company number 16634345, 86–90 Paul Street, London EC2A 4NE (hello@movesmith.uk, 020 3143 1719). We set the price, take payment as the merchant of record, and are responsible to you for the service under these terms.

3.2 An approved mover does the move for us. We subcontract the physical move to a vetted independent Operator, who does it on our behalf. You deal with us, not the Operator, on anything about the contract, payment or a dispute. The Operator never sets or collects a separate price from you.

4. What we move

4.1 Your business's goods. We move your business's own furniture, equipment, fixtures, stock and other goods: between your premises, to or from a storage unit, or when you buy or collect items for your business.

4.2 Not deliveries to your customers. We do not deliver goods you have sold to your own customers, and we do not do regular delivery, courier or distribution work.

4.3 No clearance. We do not clear premises or take away waste, except an Add-on Service shown in your Quote.

4.3A Dismantling and assembly. Where your Quote includes it, the crew dismantles and reassembles office-type furniture only: desks and workstations, chairs, tables, desk pedestals, filing cabinets, cupboards, bookcases and shelving units. We do not dismantle, fix or assemble anything else, including fitted or wall-mounted items, shop fittings, signage and electrical items.

4.4 What we can't move. Clause 30.2 of the Marketplace Terms lists what must never be included. For businesses this also includes:

(a) factory, workshop or industrial machinery;

(b) medical, dental or laboratory equipment, and chemicals or clinical waste;

(c) gas bottles, aerosols in bulk, paints, fuels and oils;

(d) loose lithium-ion batteries and power banks, and e-scooters or e-bikes unless the battery has been removed; and

(e) servers, server racks and network cabinets.

If any of these are included without our knowledge, we are not liable for them.

4.5 Items we review first. Clause 30.3 of the Marketplace Terms applies: declare items worth over £8,000, specialist items and items that are not a standard two-person lift before you book.

5. Your price

5.1 One fixed price. Your Quote is one fixed price, including VAT, shown before you book. It is based on what you tell us: the goods and quantities, the addresses, the access, the date and arrival window, and the services you choose.

5.2 What can change it. Your price changes only:

(a) when you ask for a change and accept the new price through Movesmith (clause 27.4 of the Marketplace Terms);

(b) when the goods or access are materially different from your Booking (clauses 27.4 and 27.4A). The crew pauses the affected work, and we offer you a revised fixed price through Movesmith before it goes ahead;

(c) when you change your date (clause 8.3); or

(d) when Part C gives you a lower price.

5.3 Parking penalties are separate from the price, as clause 29.10 of the Marketplace Terms explains.

5.4 Never pay the crew. Don't pay the crew in cash or by any other means for the move or for extra work. All payments go through Movesmith.

5.5 Crew by the day. Clause 27.18 of the Marketplace Terms applies to crew-by-the-day bookings.

6. Paying and your VAT receipt

6.1 Paying by card. You pay by card through Stripe, as with any Booking. Your card is saved when you book. We usually authorise the fixed price around 48 hours before the move, and take payment after sign-off or after we review the completion evidence (clause 28.1 of the Marketplace Terms). We do not offer invoice or credit terms on these Bookings.

6.2 VAT. Our prices include VAT. Movesmith is registered for VAT (GB526416301) and charges VAT on the whole price of your Booking.

6.3 Your VAT invoice. When your card is charged, we issue a VAT invoice made out to the company name and billing address you give at checkout, with your VAT number if you give one. It is on your booking page, and we email you a link to it. The booking summary you get when you book is not a VAT invoice. If we refund part of a price you have been invoiced for, we issue a credit note. Please give your company details correctly: we print them as you give them.

7. What you need to do

7.1 Accurate information. Give us complete and accurate information about the goods, quantities, addresses and access (clause 29.1 of the Marketplace Terms). Make reasonable enquiries within your business so that what you tell us is right.

7.2 Access and your building. You must:

(a) get any permission your landlord, building manager or shopping centre needs for the move, and tell us the building's rules for movers;

(b) book any lift, loading bay, goods entrance or out-of-hours access the move needs; and

(c) arrange any parking suspension or permit the vehicles need, and pay for it.

7.3 Someone in charge. Have someone with authority present at each address throughout the move.

7.4 Stock and goods ready to go. Unless your Booking includes packing, you pack your goods. Box and seal stock, empty shelving and display units, pack fragile items well, and seal anything that could leak. We are not liable for damage caused by inadequate packing where you packed.

7.5 Hazardous goods. Don't include anything listed in clause 4.4 or clause 30.2 of the Marketplace Terms. If you're unsure about an item, ask us before you book.

7.6 Your goods and authority. You must own the goods, or have the owner's authority to move them under these terms. This includes leased equipment, stock held for someone else, and furniture that belongs to a landlord.

7.7 IT and data. Back up your data, and disconnect and power down any equipment before the crew arrives. Your staff carry laptops, tablets and phones themselves. The crew does not connect, test or handle data.

7.8 Confidential documents. Lock or seal anything confidential. You remain responsible for personal data in your documents and on your equipment.

7.9 Before the crew leaves. Check that nothing has been left behind and nothing has been taken in error.

8. Cancelling and changing your date

8.1 Cancellation fees. The fees in clause 33.1 of the Marketplace Terms apply, measured from the start of your arrival window:

8.2 Who can cancel. Only someone with authority to bind your business can cancel or change the date.

8.3 Changing your date. Clause 33.2 of the Marketplace Terms applies. We show you the price for the new date, and any fee, before you confirm. Your first change is free if you ask at least 48 hours before the start of your arrival window. A later change, or any change with less than 48 hours' notice, costs £35. For a same-day Booking, the Same-Day Booking Terms set the fee instead.

8.4 Add-ons. Clause 33.6 of the Marketplace Terms applies to removing an Add-on Service.

8.5 If we let you down. Clauses 33.3 (full refund) and 33.4 (service credits) of the Marketplace Terms apply.

8.6 Events outside anyone's control. Clause 36 of the Marketplace Terms applies.

9. Movesmith Cover for your goods

9.1 How Movesmith Cover works. Clause 31 of the Marketplace Terms applies. Movesmith accepts liability for loss of or damage to your goods up to the lower of your Declared Value and the Cover Limit for your Booking. Every move includes £10,000. A higher Cover Limit, up to £50,000, is priced in your Quote before you book. Goods worth more than £50,000 need a tailored quote.

9.2 Limits for particular goods. For furs, perfume, tobacco, cigars, cigarettes and vaping equipment, wines, beers and spirits, portable media and computing devices such as laptops, and mobile phones, smartphones and tablets, our total liability for all of them together is £10,000 for the move.

9.3 Goods you pack yourselves. This applies to boxes, crates and other containers you pack, and to furniture you leave filled:

(a) we are liable for breakage, scratching, denting or staining of the contents only where it is caused by fire, a collision or the vehicle overturning; and

(b) we are liable for items missing from those containers only if, before the move starts, you give us a list of each container's contents with a value for each item.

This does not limit our liability for the containers themselves, for furniture, or for anything the crew packs.

9.4 Stock is valued at cost. For stock you sell, we pay what it would cost you to replace it, not its selling price.

9.5 What Movesmith Cover does not include. As well as the exclusions in clause 31.9 of the Marketplace Terms, we are not liable under Movesmith Cover for:

(a) data, software and information on any device or medium;

(b) spoilage, deterioration, or loss of shelf life or sell-by date;

(c) loss of market, or a fall in the value of goods because of a delay; or

(d) leakage from a container we did not pack.

We apply an exclusion only to the loss it concerns. An exclusion does not excuse damage caused by the crew not handling goods with reasonable care, except where clause 9.3 limits our liability for goods you packed.

9.6 No excess. You pay no excess on a claim.

10. Damage to your premises

Clause 31A of the Marketplace Terms applies to damage to the premises at each address, with one change: paragraph (g) of clause 31A.3 is replaced. We are not liable for indirect or consequential loss arising from damage to premises, including loss of rent, trade or earnings, or the cost of closing or moving your business. Our total liability for premises damage from one move is £50,000, separate from Movesmith Cover for your goods.

11. Our liability to your business

11.1 What we never limit. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything that cannot lawfully be limited.

11.2 Business losses. We are not liable for loss of profit, revenue, sales, business, contracts or goodwill, loss of anticipated savings, the cost of staff time or downtime, or the cost of restoring data, whether direct or indirect, or for any other indirect or consequential loss.

11.3 Delay. We are not liable for loss caused by delay. Your remedies if the Operator is late, does not turn up or does not complete the move are in clause 8.5.

11.4 Our overall limit. Our liability for your goods is set by clause 9, and for premises by clause 10. Our total liability for any other loss arising from your Booking is limited to the price you paid for it.

11.5 Why we set these limits. We cannot know or control your business's losses, and our prices are set on that basis. If you need protection for business interruption, please arrange it yourselves. Tell us before you book about any particular risk or deadline, so we can tell you whether a tailored arrangement is possible.

11.6 Your responsibility to us. You are responsible for reasonable direct loss caused by inaccurate information you give us, by goods you were not entitled to move, or by your breach of these terms, to the extent you caused it. You do not have to cover us for our own or the Operator's negligence. This replaces clause 37.4 and the last sentence of clause 29.3 of the Marketplace Terms.

12. Reporting a problem and claims

12.1 At delivery. Note any visible damage or missing items at delivery, before sign-off, where you reasonably can.

12.2 Within 7 days. Tell us in writing, through your booking page or at hello@movesmith.uk, about any loss or damage within 7 days of the move being completed. Reporting within 24 hours lets us fast-track it (clause 32.1 of the Marketplace Terms).

12.3 Late reports. We are not liable for loss or damage you first tell us about more than 7 days after the move was completed, unless you show that you could not reasonably have told us sooner.

12.4 Court claims. Any court claim about your Booking must be started within 12 months of the date the move was completed or, if it did not take place, the date it was booked for.

12.5 Keep the evidence. Keep damaged items, their packing and photos so we can inspect them before you dispose of or repair them.

12.6 We deal with it. We investigate, deal with the Operator, tell you our decision and the reasons, and make any payment to you directly.

13. Complaints

13.1 How to complain. Use your booking page, email hello@movesmith.uk or call 020 3143 1719. We acknowledge a reported problem within 4 working hours and aim to resolve complaints within 14 days.

13.2 If we can't agree. Either of us may refer a dispute that is not resolved within 30 days to mediation through CEDR or another mediator we both agree, with the costs shared equally. This does not stop either of us going to court.

14. General

14.1 Law and courts. The law of England and Wales governs these terms and any dispute about them, including non-contractual disputes. The courts of England and Wales deal with disputes.

14.2 Changes to these terms. A later version applies only to Bookings made after it is published. Your Booking keeps the version recorded when you booked.

14.3 Who can enforce. Only you and Movesmith can enforce these terms.

14.4 The rest of Part A. Clause 12 of the Marketplace Terms (severance, waiver, assignment and interpretation) applies.