Energy Safe Store - Terms & Conditions
Please read all terms & conditions.
You must carefully read these terms and conditions to ensure that they contain only the information you want and nothing you are unhappy with, as we are able to accept your order and create a legally binding agreement without further communication from you.
Call us at 01243 859444 if you have any questions.
Application
1. You (the Customer or you) will be subject to these terms and conditions if you acquire the goods. We are Energy Safe Store Limited, doing business as Energy Safe Store, a business with its registered office at Unit 1K, St James' Industrial Estate, Westhampnett RD, Chichester, PO19 7JU, and telephone number 01243 859444. We are also known as the Supplier or us or we.
2. All goods that we offer to you are subject to these conditions. You agree to be bound by these Terms and Conditions by placing an order for any of the Goods. You will be required to accept these Terms and Conditions prior to placing an order on the Website by clicking the 'I Accept' button. You won't be able to finish your Order if you don't click the button. You must be at least 18 years old and be able to form a contract in order to buy the Goods from the Website.
Interpretation
3.A person acting for purposes that are entirely or primarily unrelated to his or her trade, business, craft, or profession is referred to as a consumer;
4.Contract refers to our enforceable agreement with you for the supply of the Goods;
5.Delivery Location refers to the Supplier's facilities or another location specified in the Order where the Goods are to be supplied;
6.A durable medium is any medium, such as paper or email, that enables information to be addressed specifically to the recipient, allows the recipient to store the information in a way that is accessible for future reference for a duration appropriate to the information's purposes, and permits the recipient to reproduce the information in its original form;
7.By "goods," we mean the items of the number and description specified in the Order that we supply to you and that are advertised on the Website;
8.Order refers to the Customer's order for the Supplier's goods as submitted after carefully following the Website's step-by-step instructions;
9. By "Privacy Policy," we mean the provisions that outline how we will handle any private information you provide to us over the website.
10. "Website" refers to the www.energysafestore.com website, where the goods are offered.
Goods
11.The Goods are described in the Website, catalogues, brochures, and other forms of advertising.Any description is solely for illustration reasons, and the size and colour of the goods supplied may vary slightly.
12. It is your obligation to ensure that any information or specifications you submit are accurate in the case of any Goods created to your unique requirements.
13. All products that are shown on the website are contingent upon availability.
14. We have the right to alter the Goods in order to bring them into compliance with any applicable legislation or safety regulation. We'll let you know about these changes.
Personal information
15. We only keep and use information in accordance with the Privacy Policy.
16. You hereby consent that we may contact you by pre-paid mail, email, or other electronic communication methods.
Reasons for Sale
17. Our website's description of the goods does not constitute a binding offer to sell the goods. When an Order is submitted through the Website, we reserve the right to reject it for any reason, however we'll do our best to let you know right away.
18. The Website outlines the Order Procedure. Before submitting the Order, you have the chance to review each step and correct any mistakes. You are in charge of making sure you followed the ordering procedure properly.
19.Only once you get an email from us acknowledging your order (Order Confirmation) will a contract for the sale of the ordered goods be created.You must make sure the Order Confirmation is exact and full, and you must report any mistakes to us right once. Any errors in the Order that you place are not our fault.By placing an Order, you consent to receiving an email from us that includes the Order Confirmation and all other information necessary to confirm the Contract.Within a fair amount of time after the contract is made, but in any case no later than the delivery of any goods supplied under the contract, you will get the order confirmation.
20.Unless we specifically withdraw it sooner, any quotation is valid for a maximum of seven days from its date.
21.After the contract has been signed, it cannot be changed—not even to change the description of the goods or the fees—unless both the customer and the supplier agree to the change in writing.
22. We only want to use these terms and conditions for contracts that you enter into as a consumer. If this is not the case, you must inform us so that we may offer you a different contract with terms that are more suited to you and may even be better for you in certain ways, such as by granting you privileges as a business.
Payment and Cost
23.The cost of the goods, including with any additional delivery or other fees, is the price listed on the website as of the Order date, or any different cost that we may have agreed upon in writing.
24. VAT is included in the prices and charges at the current rate at the time of the order.
25.You must pay by including the information for your credit or debit card with your order, and we may take payment right away or at a later time before the goods are delivered.
Delivery
26.We shall deliver the goods to the delivery location by the specified deadline, within the predetermined timeframe, or, in the absence of an agreement, without undue delay and, in any case, no later than 30 days from the day the contract was signed.
27.In any instance, regardless of circumstances beyond our control, if we fail to deliver the goods on schedule, you may treat the contract as terminated in addition to any other available remedies if:
a)Either we refused to provide the goods, you informed us prior to the contract's formation that delivery on time was crucial, or delivery on time is required in light of all the conditions that existed at the time the contract was created; or
b)After we failed to deliver on schedule, you specified a later deadline that was reasonable given the circumstances, and we failed to meet that deadline.
28.If you treat the contract as being terminated, we shall quickly reimburse all payments paid in accordance with the contract (in addition to other remedies).
30.You cannot cancel or reject the Order for some of the Goods without also cancelling or rejecting the Order for the other Goods if any of the Goods make up a commercial unit (a unit is a commercial unit if division of the unit would materially damage the value of the goods or the character of the unit).
31.In general, we don't ship to locations outside of England, Wales, Scotland, Northern Ireland, the Isle of Man, and the Channel Islands.However, you could have to pay import fees or other taxes if we accept an Order for delivery outside of that region because we won't cover them.
32.Subject to the aforementioned clauses and provided you are not responsible for additional fees, you agree we may supply the goods in installments if we experience a scarcity of stock or for any other legitimate and fair reason.
33.We may charge the reasonable costs of holding and redelivering the goods if you or your designated representative forgets to accept delivery of them at the delivery location despite our best efforts.
34. As soon as delivery or customer pickup is complete, the goods become your responsibility. If it is practical, you must inspect the goods before receiving them.
Title and Risk
35.When the goods are delivered to you, the risk of loss or damage to any goods passes to you.
36. Until we have received complete payment, we do not consider the goods to be yours. We reserve the right to cancel any deliveries and terminate your right to use any Goods that are still in your possession if full payment is past due or if you take a step towards bankruptcy. In this instance, you must return the Goods to us or give us permission to pick them up.
Retracting and cancelling
37.If you merely decide to change your mind and without providing us with a reason, you may withdraw the Order by notifying us before the Contract is made, without incurring any liability.
38.If you simply want to change your mind and without giving us a reason, and without incurring any liability, you can cancel the Contract (with the exception of any Goods made to your special requirements; this is known as the Returns Right) by notifying us no later than 14 calendar days after the day the Contract was entered into. However, in that case, you must return the Goods to one of our business locations in undamaged condition at your own expense. In that case, we must immediately refund to you the cost of the goods for which you had already made a payment in advance, albeit we may keep any additional shipping fees. This has no bearing on your rights if any defective goods were the cause of the cancellation.This Returns Right is distinct and unique from the cancellation rights below.
39. This contract (as stated below) is a distance one, and as such, the cancellation rights (Cancellation Rights) are as follows. However, under the following situations, these Cancellation Rights do not apply to a contract for the following commodities (and no other goods):
items that are plainly customised or manufactured to your needs;
(b)products that are likely to degrade or expire quickly
40.In addition, the following situations result in the termination of the contract's cancellation rights:
a.in the case of any sales contract, if the goods after delivery are combined (in accordance with their nature) inseparably with other items.
41.Subject to the provisions of these Terms and Conditions, you have a 14-day period in which to cancel this agreement without providing a reason.
42. The 14-day cooling-off period begins on the day you obtain physical possession of the last of the Goods or a third party other than the carrier you have designated does so. The cancellation period in a contract for the provision of goods over time (i.e., a subscription) is 14 days following the date of the first delivery.
43.In order to exercise your right to cancel, you must send us an unambiguous explanation of your desire to do so (such as a letter sent by mail, fax, or email). While it is optional, you are welcome to utilise the sample cancellation form that is included. You may choose to utilise the sample cancellation form because, in any case, you must be able to provide convincing proof of when the cancellation was made.
44.On our website, www.energysafestore.com, you may also electronically fill out and submit the sample cancellation form or any other plain explanation of the Customer's desire to cancel the Contract. If you choose this option, we will send you a durable medium acknowledging that we have received your cancellation.
45. You just need to send your message regarding the exercise of your right to cancel before the cancellation period has passed in order to fulfil the cancellation deadline.
A cancellation's effects during the cancellation period
46.With the exception of the circumstances described below, if you cancel this Contract, we will reimburse you for any payments made by you, including the cost of delivery (apart from any additional expenses incurred because you picked a delivery option other than the least expensive form of standard delivery we offered).
Deduction for Supplies Made
47. If you have handled the goods more than is necessary to determine their nature, characteristics, and functioning, such as more than would be reasonably permitted in a store, we may deduct that amount from the reimbursement for any loss in value of the goods that we have supplied.This is so that you don't have to pay us the whole amount of the loss because you are responsible for it.
When to expect payment
48. If we haven't offered to pick up the goods, we'll reimburse you as soon as possible and no later than:
14 days after the day we receive any returned goods from you, whichever comes first.
b. (if earlier) 14 days following the day you show proof that you've returned the goods.
49.We will provide the reimbursement without undue delay and no later than 14 days following the day on which we are informed of your intention to cancel this Contract if we have offered to collect the Goods or if no Goods were supplied.
50.
Unless you have expressly agreed differently, we will repay you using the same payment method that you used for the initial transaction; in any case, there will be no fees associated with the reimbursement.
Returned Items
51.If you have received Goods in connection with the Contract that you have cancelled, you must send them back to us as soon as possible and, in any case, no later than 14 days from the day that you inform us that you are cancelling this Contract at Unit 64 Enterprise House, Terminus Road, Chichester, West Sussex, P019 AFY.
If you return the goods before the 14-day window has passed, the deadline has been met. You acknowledge that the expense of returning the goods will be on your dime.
52.The following definitions apply to these terms for the purposes of these cancellation rights:
a.distance contract refers to a contract made between a trader and a customer through an organised system of distance selling or service delivery without the trader's and customer's simultaneous physical presence and with the sole use of one or more forms of distance communication up to and including the time the contract is signed;
The term "sales contract" refers to any agreement whereby a trader agrees to transfer ownership of goods to a consumer and the consumer agrees to pay the price, including any agreement where the goal of the agreement is both goods and services.
Guarantee and Compliance
53.We are legally required to provide the Goods in accordance with the Contract, and if they do not fulfil the following requirement, we will not have complied.
54.The goods will: Upon delivery:
a. be of acceptable quality;
b.be reasonably fit for any specific purpose for which you purchase the Goods that you made known to us before the Contract was made (unless you do not actually rely on our skill and judgement or it is unreasonable for you to rely on our skill and judgement), as well as be suitable for any purpose proffered by us or specified in the Contract; and
c. match the description provided.
55. If the problem originates in your materials, it is not a failure to conform.
56.We shall provide you with the free guarantee offered by the Goods' manufacturer either right away or within a reasonable amount of time. The manufacturer's guarantee that is included with the goods contains information on the guarantee, such as the manufacturer's name and address, its term, and its territorial reach. This warranty will go into effect when the goods are delivered and it won't affect your legal rights in any way.
our subcontractors and successors
57.Either party may assign its rights and responsibilities under this Agreement to a third party, but it will still be responsible for fulfilling its obligations to the other. Any subcontractors that the Supplier selects to assist in carrying out its obligations will be held accountable for their actions.
circumstances that are beyond either party's control
In the event that a party fails due to an incident outside of its reasonable control:
In the event that a party fails due to an incident outside of its reasonable control:
As soon as it is practical, the party will inform the other party; and
The Customer's above rights relating to delivery and any right to cancel, below, will not be affected by this. b. The party's obligations will be suspended to the extent that is reasonable, provided that that party acts reasonably, and the party will not be liable for any failure that it could not reasonably avoid.
Privacy
Your privacy is extremely important to us. Regarding your personal information, we respect your privacy and adhere to the General Data Protection Regulation.
61.In accordance with these Terms and Conditions:
The term "Data Protection Laws" refers to any applicable law governing the processing of Personal Data, including but not limited to the GDPR and Directive 95/46/EC.
The General Data Protection Regulation (EU)2016/679 is referred to as "GDPR."
b. The terms "Data Controller," "Personal Data," and "Processing" have the same meanings as they have in the GDPR.
62. In order to provide you with the goods, we process personal data for which we are the data controller.
63.In the event that you provide us with your personal information so we can process it in order to deliver the goods to you, we shall uphold our obligations under the following data protection laws:
a. We shall specify the purposes for information collection before or at the time information is collected;
b. We only use Personal Data for the aforementioned purposes;
b. We'll uphold your rights regarding your Personal Data; and
To guarantee the security of your personal data, we'll put in place organisational and technical safeguards.
64. You can send an email to sales@energysafestore.com with any questions or issues you may have about data privacy.
Leaving out liability
65. The Supplier will not be held liable for any of the following: (i) any fraudulent act or omission; or (ii) any death or personal damage brought on by the Supplier's carelessness or breach of its other legal responsibilities. As long as this is the case, the Supplier is not responsible for (i) losses that were not reasonably foreseeable to both parties at the time the Contract was made or (ii) losses (such as loss of profit) to the Customer's business, trade, craft, or profession that would not be experienced by a consumer because the Supplier believes the Customer is not purchasing the Goods wholly or primarily for its business, trade, craft, or profession.
governing legislation, court system, and complaints
The Contract (together with any extracontractual issues) is governed by English and Welsh law.
Disputes may be brought before the courts of England and Wales or, if the customer resides in Scotland or Northern Ireland, the courts of those respective jurisdictions.
68.In an effort to settle disputes amicably, we handle complaints as follows:
Customers should get in touch with us to find a resolution if a disagreement arises. Within five business days, we will try to respond with a suitable solution.