Garden Waste - Terms and Conditions
This agreement is made between the resident (‘the Customer’) and Stoke-on-Trent City 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’).
Service Subscription
1.1 This agreement forms a binding contract between Stoke-on-Trent City Council (the Council) and you (the Customer.) By signing up to the garden waste subscription service (the Service) you agree to be bound by the terms set out here. Acceptance of these terms does not affect your statutory rights.
1.2 Customer subscriptions are renewed annually and only Customers who have paid their subscription at least one month in advance shall receive the Service from the start of the Service year. Existing subscribers will be contacted by email for payment for the following year.
The Service Year shall be from 1st April – 31st March annually.
The Council will carry out a maximum of 25 scheduled garden waste collections per subscribed address during the Service Year.
The Service will be suspended annually during the two-week Christmas and New Year period. Further details will be provided closer to the time on the Stoke-on-Trent City Council website.
If Communal properties wish to subscribe to the Service they must register through their housing association/letting agent or formal residents' group.
The agreement will be expected to be renewed by February each year. This will be done by sending an email reminder containing a link to log onto our website to pay again. We will notify you for the following years subscription unless the agreement is cancelled by either the Council or the Customer by giving written notice to the other party by no later than the 1st March each year. If the Council has not given notice of cancellation and has not received notice of cancellation from the Customer by the above date then the Subscription Fee will be due.
The Subscription Fee
2.1 The Subscription Fee is the annual charge set by the Council for the provision of the Service. At least 1 month period prior to the commencement of each Service Year the Council will send a reminder to the Customer which sets out the charges for the forthcoming year.
2.2 The Customer shall make payment in full of the Subscription Fee to the Council upon the commencement of the subscription irrespective of the date when the subscription commenced and subsequently in advance of the commencement of each Service Year .
2.3 For the new Customers the Council will endeavour to add the Customer’s address to collection schedule within a 10-day period from the receipt of the Subscription Fee.
2.4 The Customer must pay the Subscription Fee by credit or debit card.
3. Service Conditions
The Customer agrees and accepts that:
3.1 The only container from which the Council will empty garden waste is a 240ltr brown wheelie bin issued by the Council (‘the Wheelie Bin’) Garden waste presented in any other container will not be collected.
3.2 Wheelie Bins must be presented on their scheduled collection day by no later than 6am kerbside or at the designated collection point and then removed by the Customer no later than 24hrs after the day after 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 deemed a missed collection for the purposes of clause 7.
3.3 Collection days can be checked at Bin Day Calendar View | Stoke-on-Trent.
3.4 The Service is restricted to the collection of household garden waste. If a Wheelie Bin contains any matter that does not constitute household garden waste the Council may deem the entire contents of the Wheelie Bin to be non-permitted waste. The Council is not obliged under this Agreement to collect non-permitted waste. If any non-permitted waste is presented for collection using the Service, the contents of the Wheelie Bin will not be collected even if the majority of the contents are household garden waste. For further information on what constitutes household garden waste please refer to Council’s website.
3.5 The Council reserves the right not to empty any Wheelie Bin which in the Council’s reasonable opinion poses a health and safety risk to its staff and may require the Customer to take steps to reduce the risk to staff before any further attempt to empty the Wheelie Bin is undertaken.
3.6 The Council has the right to cancel any subscription where the garden waste is produced as a result of a commercial operation and not domestic, under such circumstances the Customer shall not entitled to a refund.
3.7 In the event that the a collection is missed the Customer may notify the Council using the following link Tell us your bin hasn't been collected | Missed Bin - Your Details (stoke.gov.uk) and the Council will use all reasonable endeavour to empty the Customer’s wheelie bin within two working days of receiving such notice
4. Storage of Wheelie Bins
4.1 Customer shall keep the Wheelie Bin(s) at the address stated when the Customer ordered the Service.
4.2 The wheelie bins remain the property of the Council.
4.3 The Customer will be responsible for any theft or damage to the wheelie bin(s), and shall pay the Council a publicised cost which will include the cost of the wheelie bin, delivery and administration arising from any such, theft or damage.
4.4 Throughout the subscription period the Customer shall be responsible for the safekeeping of the wheelie bin(s), the cleanliness of the wheelie B=bin(s) and the cleanliness of the site around the wheelie bin(s).
4.5 In the event that a wheelie bin is damaged through the actions of the collection crews then the Council will provide the Customer with a substitute wheelie bin at no cost to the Customer.
4.6 Replacement wheelie bins maybe second hand. The Customer should expect the second-hand bin to be clean 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. Change of Address
5.1 If a Customer intends to change their address to a new address within the administrative area of Stoke-on-Trent their subscription will continue at their new address. Customers will be sent a new permit for the wheelie bin(s) at their new property. An appropriate administration charge will be charged to the Customer.
5.2 The Customer is responsible for informing the Council of any change of address via email to WasteManagement@stoke.gov.uk.
5.3 In the event that a Customer subscribes to the Service and moves to an address that is outside the administrative area of Stoke-on-Trent. The Customer will not be eligible for a refund of the subscription fee paid.
5.4 The Customer should NOT take their bin with them if moving to a new address within the administrative area of Stoke-on-Trent, should this occur then please contact the council at WasteManagement@stoke.gov.uk.
6. Termination
6.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Customer has 14 days from acceptance of these terms and conditions to cancel the Service. Cancellation notices must be in writing to: Waste Management, Environmental Sustainability, Housing, Development and Growth, City of Stoke-on-Trent, Weighbridge Site, Cromer Road, Stoke-on-Trent, ST1 6QN or emailed to WasteManagement@stoke.gov.uk. The Council cannot accept cancellations by telephone. The Council will refund any payment for the Service within 14 days of receiving a valid notice of cancellation.
6.2 The Customer may terminate the contract at any time by emailing WasteManagement@stoke.gov.uk however the Council will only refund monies paid by the customer under the circumstances set out in clause 6.1 above and Clause 7 below.
6.3 The Council has the right to cancel any subscription where the garden waste is produced as a result of a commercial operation and not domestic, under such circumstances the Customer shall not be entitled to a refund.
7. Refunds
7.1 Except as set out under clause 6.1 above the Council will only pay a refund to the Customer in circumstances 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
7.2 The following circumstances will be deemed to be 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 and verified missed collection of garden waste on 3 consecutive nominated collection days. The Customer must report a missed bin collection on each occasion online at Tell us your bin hasn't been collected | Missed Bin - Your Details (stoke.gov.uk).
7.3 The Customer shall not be entitled to a refund in respect of the non-collection of household garden waste which is attributable to the breach by the Customer of any of the conditions set out under clause 2 above.
7.4 If the Customer is entitled to a refund from the Council in respect of a Service Failure such the refund will be calculated on a pro rata basis.
8. Events Beyond the Council’s Control
8.1 The Council will not be liable for any non-performance of the Service which results from any event beyond the control of the Council. Examples of Events Beyond the Control of the Council include but are not limited to industrial action, riots, terrorist attacks, war, fire, explosion, storm, floods, earthquakes, subsidence, epidemics, pandemics, extreme weather conditions, natural disasters, power failures, internet service provider failure, technological failure, breakdown in machinery/collection vehicles, pandemic, epidemic.
8.2 If an ‘event beyond the control of the Council ’ affects the Council’s ability to deliver the Service, the Council will make all reasonable endeavours to resume normal Service as soon as reasonably practicable after the ‘event outside the Council’s control’ is over.
8.3 The Council will not be liable for any loss of profit or any indirect, or consequential loss, damage, costs, expenses or other claims (whether caused by the Council’s employees, contractors, agents or otherwise) incurred by the Customer in connection with the provision of the Service or the performance of any of its other obligations under these terms and conditions whether as a result of breach of contract, or tort (including negligence)
9. Complaints
9.1 In the first instance the Customer should raise complaints regarding the Garden Waste Subscription Service with the Council via WasteManagement@stoke.gov.uk.
9.2 If the Customer is not satisfied with the outcome of the complaint the Customer may use the Council’s complaints procedure as set out on the Council’s website.
10. Data Protection
10.1 By subscribing to this Service the Customer consents to the Council using information provided by the Customer, including personal data and to the Council sharing personal data with our partners for the purposes of processing your application, processing payments and the provision and improvement of the Service; and for the Council and its partners to contact you in relation to the renewal of your current subscription or to notify the Customer when the Council anticipates the Service being impacted.
10.2 The Council will process all personal data provide by the Customer in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation. The Council shall only use personal data for the purpose set out under clause 10.1 above and will only share such personal data with other departments within the Council and with other enforcement authorities for the purpose of preventing fraud, misuse of public funds and any other legal requirements. For more information on how we process your personal data and your rights as a data subject, visit https://www.stoke.gov.uk/info/20032/our_data/157/how_we_use_your_personal_information.
10.3 The Council is a Data Controller under the Data Protection Act 2018 and holds information for the purposes specified in our notification to the Information Commissioner and may use this information for any of them. All personal data will be processed by the Council and its partners in accordance with the Data Protection Act 2018 and the United Kingdom General Data Protection Regulation and will be retained by the Council for as long as it is necessary.
11. Miscellaneous
11.1 In the event of any contradiction or inconsistency between any provision set out under this agreement and any consumer rights legislation including but not limited to the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 then those provisions under this agreement which have given rise to such contradiction or inconsistency shall be construed so as to give effect to the relevant consumer rights legislation and the remainder of this agreement shall remain in full force and effect.
11.2 A person who is not a party to this Agreement shall not have any right to enforce any provision of this Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
11.3 This agreement is governed by the laws of England and is subject to the exclusive jurisdiction of the courts of England.