SALE TERMS AND CONDITIONS
Version number: 1.1.0
Effective date: 27/10/2020
1. Who we are
1.1 We are (Response) EPR Limited trading as “Smart Home Charge”. Our company information is at the end of this document.
2. What this is all about – introduction to our terms and conditions
2.1 These are our terms and conditions which apply when you buy a charger from us. (Separate terms apply to use of our site.) We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They are available in English only.
3. Consumers – definition and minimum legal rights
3.1 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
3.2 We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
4. Your obligations
4.1 You must ensure that all information you supply to us in connection with your order (including as part of the pre-installation survey) is correct and complete and that you tell us immediately if there are any changes.
4.2 You promise to comply promptly with our reasonable requests for information and to generally provide us with reasonable co-operation in relation to our supply of goods / services to you.
5. Forming a contract with us
5.1 There is a binding legal contract between us when you accept the fixed quote we send you.
6. Price and payment
6.1 The price is as stated in our quote and this includes the cost of installation and delivery charges.
6.2 Any applicable VAT or sales tax is included in any price shown.
6.3 The quote expires after the period stated in the quote. Quotes are valid for 30 days.
6.4 You must make the relevant payments within the relevant payment periods stated in the quote and using one of the payment methods stated. The contract ends automatically if we do not receive full payment in cleared funds within any applicable payment period.
6.5 You authorise us and our third party payment provider take payment and/or to charge your payment card for the relevant amounts and at the relevant times. It is your responsibility to update your payment card details as necessary.
6.6 If we have mis-priced the quote by mistake, we are not obliged to supply and install the charger at that price provided we tell you before installation. If we do, then you can decide if you want to continue with the order at the right price but, if you do not, we will provide a full refund of any payments already made.
6.7 You must contact us immediately with full details if you dispute any payment.
6.8 If any amount due to us is unpaid, or unjustifiably charged back, we may end or suspend this agreement on email notice.
7.1 Unless otherwise stated, delivery dates or period given on our website are estimates only. We have no liability for any losses arising from delay in delivery (a) to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you have failed to supply us with adequate delivery instructions.
7.2 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available, or with a neighbour.
7.3 If the goods are undelivered arising from your failing to comply with this contract (e.g, providing an incorrect delivery address, not paying customs / import charges, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you are responsible to pay us (a) the amount of any additional fee charged to us by the courier for returning the goods to us; and (b) any re-stocking or similar fee which our warehouse company charges us for handling the returned goods. We are entitled to require that such costs be paid before we arrange any re-delivery of the goods to you and/ or to add such costs to the amount of any future order by you and/or to deduct such costs from any refund (to the extent legally allowed).
8.1 Once we receive your full payment (or deposit if you are paying by instalments), we will ask your Distribution Network Operator (referred to below as “DNO”) to provide the go-ahead for your installation. If they do not do so within four weeks of request, our contract will automatically end and we will make a full refund.
8.2 If and when we get the go-ahead from your DNO, we will contact you to arrange an installation date and time. If you cancel the installation less than 48 hours beforehand or are not present when we arrive, you agree to pay us the cancellation fee stated in our quote. Once the cancellation fee is paid, we will contact you to reschedule.
If you cancel the instruction once we have started your OLEV or DNO approval we reserve the right to charge an administration fee of £55.
8.3 We agree to provide our installation service with reasonable care and skill.
8.4 You agree to provide appropriate access to our installer(s) as well as a safe and suitable place to work. You must clear any work areas. If we have to move any items, this is at your risk and we are not responsible for any resulting damage. If we have any concerns about the safety or security of our staff, we are entitled to suspend the installation until the concerns have been resolved.
8.5 We are entitled to cancel an installation if when we attend we consider that the premises are unsuitable. If so, we will make a full refund unless the unsuitability would have come to our attention if you had correctly complied with the online site survey instructions. In such case we are entitled to deduct a reasonable installation fee from the refund.
8.6 We are not legally responsible for any delay or otherwise if it takes more than one visit to complete an installation or if we need to reschedule the installation for any other reason.
9. OLEV grant
9.1 If we think that the OLEV grant potentially applies, we will deduct this from the normal price and will take reasonable steps to apply for the OLEV grant on your behalf following the installation. We will retain the grant payment. It is your responsibility to promptly provide us with all information that we require in connection with this application and to ensure that you comply with the conditions for the grant which are set out on the following official website:
https://www.gov.uk/government/collections/government-grants-for-low-emission-vehicles#electric-vehicle-homecharge-scheme We are entitled to suspend the installation until you supply us with the information we require. We do not guarantee that you will qualify for the grant even if we tell you that it potentially applies in your case.
9.2 If the application for an OLEV grant is rejected for any reason, you agree to pay us £350 (or alternative grant application amount if applicable) within seven days of us informing you that the payment is due. If you do not pay, then we remain the owner of the charger (see next section) and are entitled to remove or deactivate it and you agree to provide us with reasonable access to your premises to enable us to do so. This does not affect our legal rights if you do not pay on time including to go to court.
10. Ownership and use of the charger
10.1 You become owner of the charger once it has been installed and fully paid for including payment by you of any shortfall if any OLEV grant application is rejected. Until then we remain the owner.
10.2 It is your responsibility to ensure that the charger is used and maintained only in accordance with the manufacturer’s instructions and with any instructions we provide and with all applicable laws and regulations. Any modifications to the charger or installation works (e.g. cabling, switchgear and accessories) are likely to void any applicable manufacturer warranty. Such works should in any case only be carried out by a suitably qualified engineer.
11. Consumer right to cancel (“cooling off”)
11.1 If you are a Consumer, you have the right to cancel this contract subject to the provisions set out below.
11.2 If you do have the right to cancel, please see the instructions at the end of this document.
12. Manufacturer guarantees
12.1 The goods that we sell may be subject to a manufacturer’s guarantee. If so, please read the term and conditions of those guarantees.
12.2 A manufacturer’s guarantee does not affect your legal rights as a Consumer. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
13. Liability – restrictions on our legal responsibility (IMPORTANT)
13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
13.2 The following clauses apply only if you are a Consumer:
a) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
• there is no breach of a legal duty owed to you by us or by any of our employees or agents;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• such loss or damage is caused by you, for example by not complying with this agreement; or
• such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
b) You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
13.3 The following clauses apply only if you are not a Consumer:
a) Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid for our goods and services.
b) In no event (including for our own negligence) will we be liable for any:
• economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
• loss of goodwill or reputation;
• special, indirect or consequential losses; or
• damage to or loss of data
(even if we have been advised of the possibility of such losses).
c) You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
14. Events outside our control
14.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
15.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy [SEE BELOW] which is subject to change from time to time.
16. English law and courts
16.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
17. General but important stuff
17.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
18.1 If you have any complaints, please contact us via the contact details shown below.
19. Our company information
19.1 Company name: (Response) EPR Limited
19.2 Trading name: “Smart Home Charge”
19.3 Country of incorporation: England and Wales.
19.4 Registered number: 07081588
19.5 Registered office and trading address: First Floor, 34 & 36 Thorpe Wood, Peterborough PE3 6SR, UK.
19.6 Contact email address: email@example.com
19.7 Other contact information: See our website.
19.8 VAT number: 986 6051 80
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the legal right to cancel this contract (as explained above):
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day on which you acquire, physical possession of the goods.
3. To exercise the right to cancel, you must inform us Smart Home Charge, : First Floor, 34 & 36 Thorpe Wood, Peterborough PE3 6SR, UK, email address above, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) .
6. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7. We will make the reimbursement without undue delay, and not later than:
a) 14 days after the day we receive back from you any goods supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.
(It is your responsibility to ensure that the charger is safely de-installed by a person qualified to do so.)
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
9. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
10. You will bear the direct cost of returning the goods.
11. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. (This means that we are entitled to make a deduction if the charger is damaged as a result of de-installation.)
12. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract. (This means that we are entitled to deduct a reasonable installation fee if the charger has been installed.)
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To [NAME, GEOG ADDRESS], email address above:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
PRIVACY AND COOKIES POLICY
Version number: 1.0.0
Effective date: 3/2/2020
1. Who are we?
1.1 We are (Response) EPR Limited trading as “Smart Home Charge”. For privacy queries, you can contact us at firstname.lastname@example.org. Other contact details are on our website.
2. What’s the point of this policy?
2.1 It tells you what to expect when we collect your personal information via our website or otherwise in connection with our service. Please only use our service if you are completely happy with this policy.
2.2 Generally, the policy covers only information provided to us. If you give personal information to other people, such as payment or credit providers or other websites, please check their privacy policies.
3. Might the policy change?
3.1 Yes. Please check it whenever you visit our website. We will assume you agree to the new version of the policy if you use the site after its effective date. We may also notify you of any changes by email or in-service message.
4. What do we collect?
4.1 Information which you upload to our service or otherwise give us such as:
• your name and contact details;
• other information you provide to us such as your vehicle details and information about your property relevant to installation and about your finances if you opt for payment by instalments;
• details about your transactions on our service;
• information included in your reviews or which you otherwise provide for display on our service or which you include in messages sent via our service;
• contact or other information which you give or allow us to use for newsletters or other marketing; and
• your communications with us.
4.2 Automated information about your use of our service such as: the internet protocol (IP) address used to connect your device to the internet, connection information such as browser type and version, information about your device including device-type and device identifier, operating system and platform, mobile network data, a unique reference number linked to the data you enter on our system, login details, the site from which you arrived at our service, details of your activity with date / time stamps including pages you visited and your searches / transactions.
4.3 The following information about you may be provided to us by other people:
• Your contact information sent to us by charger manufacturers who refer you to us.
• Limited billing information sent to us by our payment provider for verification purposes e.g., your name, email address and billing / delivery addresses.
5. What’s our reason / legal basis for collecting the information?
5.1 Because it’s necessary to take steps at your request to enter into a contract with you and/or to perform such a contract, e.g., send service messages, process payments and fulfil orders. This applies to initial enquiries and to contact and transaction details.
5.2 Because it’s in our “legitimate interests”, e.g., to manage and improve our service including tracking usage patterns and preventing or detecting fraud or abuse. This applies to automated usage data as well as to reviews and similar information which you provide for public display on our service.
5.3 Because you’ve specifically agreed on our service (e.g, by ticking a consent box). This applies to contact or other information which you give or allow us to use for newsletters or other marketing. You can withdraw permission at any time as explained on our service or by emailing us at the above email address.
6. How long do we keep personal information?
6.1 Until our contract with you has ended or you request us to delete your information by emailing us at the above email address.
6.2 We may hold on to some of your information for longer (typically up to six years) if reasonably needed for legal, regulatory or tax reasons, deal with disputes, prevent fraud or abuse and/or enforce our terms and conditions.
6.3 We will keep your information which we use only for newsletters or other marketing until you tell us to stop sending you such messages.
7. To whom do we send or make available your personal information?
7.1 To other people who supply us with a service, e.g. engineers, couriers, software developers, website hosts, payment and credit providers, and businesses which help us send communications or monitor our website and which provide us with e-commerce, online advertising, analytics, and other IT services.
7.2 To other users of our service, if you enter personal information into a review or other public action on our service. You can ask us to remove displayed information by emailing us at the above email address.
7.3 To credit reference agencies, regulators and the police and other law enforcement authorities to help deal with fraud and abuse and/or comply with legal requirements.
7.4 To insurers and professional advisers in connection with our insurance cover or to deal with legal claims.
7.5 To potential buyers so far as reasonably necessary, in the case of an actual or proposed (including negotiations for a) sale or merger or business combination involving all or the relevant part of our business.
8. Do we send your information outside the European Union?
8.1 Your personal information which we collect is stored within the EU and is not transferred to any third countries except as follows.
8.2 Your personal information may be transferred to the US by the following companies certified under the EU-US Privacy Shield Framework, which provides certain safeguards for your personal information: Google (analytics / advertising), Facebook (advertising), Mailchimp (email delivery).
9. What rights do you have?
9.1 If the legal requirements are met: To ask us for access to your personal information, to rectify it if there are mistakes, to delete or restrict its use in certain circumstances or to “data portability” or to withdraw any consent you’ve given (e.g. marketing).
9.2 You may also have the right to object to use of your personal information in certain circumstances.
9.3 If you have a complaint about how we are dealing with your personal information, please contact us via the email address above. If you are not happy with our response or think we are not handling your personal information in accordance with the law, you have the right to complain to the Information Commissioner’s Office (ICO).
9.4 For more information about your rights, visit the ICO’s website: www.ico.org.uk.
10. What about cookies?
10.2 We ourselves may place the following types of cookies:
Type of cookies
Assess whether you are logged in to our site
Remember you and speed up your login when you return to our site
Identify and authenticate you to help you move easily through the site
Remember contents of your cart and related preferences
Track whether you have visited us from websites affiliated with us so we can pay affiliates and assess the effectiveness of the affiliate links
Provide security-related features to protect our site, for example to help stop fraudulent logins
Store your response to our cookie notice
10.3 Companies which provide us with a service also place cookies. Some of these cookies (e.g. from Google) may involve certain information, such as your IP address and web address of the page you’re visiting, being sent to the company concerned. Below is a summary of the kinds of cookies used together with details about who places them and where you can go to get more information and to opt out (where possible):
Analytics cookies: These kinds of cookies recognise and count the number of website visitors as well as providing other information about the visit such as duration, route through the website and where the visitor came from. This information helps us to improve the way our website works, for example by making sure users find what they need easily. These cookies are provided by:
• Google Analytics (“GA”). More:
- general information about the types of cookies placed by Google including analytics
- a technical explanation of GA cookies
- Google’s use of its partners’ data including how to control information collected by Google
- how to specifically opt out from GA cookies
Advertising cookies: These kinds of cookies are typically used to personalise ads on this or other sites based on your use of our site, to measure ad effectiveness (for example, how often you click on or view ads and whether you go on to buy something from the advertiser) and to stop you being shown the same ad repeatedly. These cookies are provided by:
• Google (including Analytics Ad Features / AdSense / Doubleclick)
- general information about thetypes of cookies placed by Google including advertising
- Google’s use of its partners’ data including how to control information collected by Google
• Facebook (including “Facebook Pixel”)
Note that there are various places where you can go to opt out of many companies’ advertising cookies in one go including some or all of the above:
• Social media cookies: These kinds of cookies are placed by social media companies when you use their features on another site, for example if you play embedded audio or video, click a Facebook “like” or sent a tweet. These features may involve the relevant companies using cookies to collect information relating to your visit to our website or your interaction with their services or otherwise. Click the following links for further information including how to opt out where this is possible: Facebook, Twitter, LinkedIn, Instagram, YouTube