This agreement is made between the resident (‘the Customer’) and Stockport Metropolitan Borough Council (‘the Council’) and sets out the terms and conditions under which the Customer may use the Council's garden waste subscription 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. Requests to cancel the Service can be in writing to the Councils email or by phone 0161 217 6111. 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 from the agreed collection point by the Customer’s home.
‘Service Year’ shall mean the period commencing from 1 April (dependant on customers collection schedule) and ending on 31 March the following year.
‘Wheelie Bin’ shall mean a bin sized at 240l.
1. Service subscription
1.1 The Council does not have a statutory duty to collect garden waste. In consideration of the payment of the subscription charge by the Customer the Council will provide the Service.
1.2 The Service is available to householders for collection of domestic garden waste only and not to businesses for collection of commercial waste. All residential premises and properties within the Metropolitan Borough of Stockport assessed as suitable will be eligible for the Service.
1.3 Subscriptions are renewed annually. The Council cannot guarantee provision of Service from the start date of each Service Year unless the subscription charge has been paid in full at least one month prior to the start of the Service Year.
1.4 Subject to the provisions of clause 1.7 (suspension of collection for Christmas and New Year) the Service will operate throughout the Service Year.
1.5 The contract between the Customer and the Council will commence on the date the Council accepts the completed application for the Service (or information to complete the form if taken via a telephone call). Service provision commences on the date that the Council requests the printing of the self-adhesive permit.
1.6 If the Customer wishes to ensure they receive the Service at the start of the Service Year or as soon as possible if they subscribe during the Service Year, they will be given the option to request early supply of the Service, in which case the printing of the permit will be requested as soon as reasonably practical following the statutory cancellation period.
1.7 The Council will carry out a maximum of 48 scheduled garden waste collections per household during the Service Year. The Service will be suspended during the Christmas and New Year period. Further details will be provided closer to the time on the Council’s website.
1.8 The subscription charge is an annual charge to the Customer which is set by the Council for each relevant Service Year. The cost of the Service is determined by the Council on an annual basis. The full annual fee is payable whatever date the subscription was taken out either before or within the relevant Service Year.
1.9 Full payment, including payment for any additional bins, will be taken at the point of contract commencement notwithstanding that this may be in advance of Service commencement.
1.10 To partake in the Service, a green garden waste bin must be used. If the Customer does not have a green garden waste bin already, then new/replacement and additional bins can be purchased via the Council’s website.
1.11 If a Customer wishes to allow a neighbouring resident to put domestic garden waste in their green bin for collection by the Council then they may do so on the basis that:1.11.1 the Council will collect the waste from outside the registered property from a correctly labelled and permitted bin(s) only; and the Council will assume no liability whatsoever to anyone other than the registered Customer.
1.12 Communal properties wishing to subscribe to the service must register through their housing association/letting agent or formal resident’s group.
1.13 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 stockport.gov.uk or by contacting the Customer Services Team on 0161 217 6111.
1.14 In the 3-month period before the Service Year ends a reminder will be sent to the Customer notifying them of the charges set by the Council for the forthcoming Service Year.
1.15 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 A Customer may terminate the contract at any time by providing notice to the Council but shall not be entitled to any refund on termination unless clause 2.2 applies.
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 and to receive a refund in the following circumstances:
2.2.1 the agreement was made over the phone or via the Council’s website/Subscription portal; and
2.2.2 the cancellation and request for a refund is made within 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 making a clear statement setting out the decision to cancel the contract by using www.stockport.gov.uk or by contacting the Council’s contact centre by telephone. If you cancel your subscription, you must remove and return your permit sticker.
3. Garden waste permits
3.1 When full payment has been received for the Service a self-adhesive permit will be issued (subject to cancellation in accordance with clauses 2.2 and 2.3) to the Customer by post.
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 applicable to that wheelie bin. It is the responsibility of the Customer to display the subscription permit on the wheelie bin underneath the handle on the body of the wheelie bin. The bin must be presented in accordance with 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.
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 a replacement bin as detailed on the website.
4.3 The Customer shall be responsible for the safekeeping of the wheelie bin(s), the cleanliness of the wheelie bin(s) and the cleanliness of the site around 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 The Council reserves the right to provide second hand replacement wheelie bins. A replacement bin shall 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.
4.6 Where a wheelie bin has had to be replaced, the Council will provide a replacement permit at no cost to the Customer.
5. Moving house
5.1 Permits are property specific and non-transferable.
5.2 If you move house during a Service Year:
5.2.1 your permit remains valid at your former address, unless you cancel it; and
5.2.2 if you resubscribe to the Service at a new property within the Metropolitan Borough of Stockport, you will be required to pay the full annual fee to do so.
5.3 The Council will not make any refund payment of the subscription charge for any part of the Service Year if for any reason you cease to occupy the property part way through a Service Year.
6. Service conditions
In using the Service the Customer accepts that:
6.1 Wheelie bins must be presented, unless otherwise directed, at the property boundary at the front of the house 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 retrieved by the Customer no later than midnight of the day of collection. If the wheelie bins are not presented 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 checking the Council’s website.
6.4 The Council reserves the right not to empty bins put out for collection when:
6.4.1 the lid is not fully closed; or
6.4.2 waste is too densely compacted or too heavy.
6.5 Customers may use the Service for the collection of all items of household garden waste. Any waste or matter not specified on the website 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. If non-permitted waste is presented for collection on a persistent basis, the Council reserves the right to remove the wheelie bin and cancel the Service, without refund.
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, 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 Refunds for the Service will be considered 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 in accordance with clause 2.2.
7.2 A Service Failure occurs if (subject to clause 8) the Council:
7.2.1 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 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 fails to collect a garden waste wheelie bin and, following notification of such missed collection, fails to rectify the reported missed collection of garden waste on 3 consecutive nominated collection days; or
7.2.4 suspends the service collection of garden waste for 3 or more consecutive nominated collection days other than as provided for in clause 1.7; or
7.2.5 an event outside the Council’s control within the meaning of clause 8 continues for a period of 8 weeks or more and prevents the Council from collecting the Customer’s wheelie bin for that period.
7.3 A refund will be calculated on a pro-rata basis for any Service Failures or where the customer is exercising their rights under clause 7.1.2 for the remainder of the Service Year.
7.4 The Customer must report a missed bin collection by 2pm on the day after their scheduled day of collection online or by contacting the Customer Services Team on 0161 217 6111.
8. Events outside the council’s control
8.1 The Council 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 or claim a refund unless such event shall continue for the period of 8 weeks.
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 or 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 Any initial complaints regarding the service the Customer should contact the Council online or by contacting the Customer Services Team on 0161 217 6111.
9.2 If the Customer is not satisfied with the outcome of the complaint, they may use the Council’s complaints procedure as contained on the Council’s website.
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. For more information on how we process your personal data and your rights as a data subject, visit our data protection webpages.
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.