Greenvision Energy Ltd
Consumer Goods & Services – Terms & Conditions
Table Of Contents
1………. These terms
2………. Information about us and how to contact us
3………. Our contract with you
4………. Our products
5………. Manufacturer’s guarantee
6………. Providing the products
7………. Your rights to end the contract
8………. How to end the contract with us (including if you have changed your mind)
9………. Our rights to end the contract.
10…….. If there is a problem with the product
11…….. Price and payment
12…….. Our responsibility for loss or damage suffered by you
13…….. How we may use your personal information
14…….. Other important terms
Our terms
These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
2.1 Who we are. We are Greenvision Energy Limited a company registered in England and Wales. Our company registration number is 07561996 and our registered office is at Oakhurst House, 57 Ashbourne Road, Derby DE22 3FS. Our registered VAT number is 111433077.
2.2 How to contact us. You can contact us by telephoning our Customer Service team at 0115 854 7498 or by writing to us by email at support@greenvisionenergy.co.uk or by post at Greenvision Energy Limited, East Midlands Chamber, NG2 Business Park, 8 Experian Way, Nottingham NG2 1EP
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
3.1 Order quotations for supply and fit services. All order quotations for supply and fit services require a site survey to be carried out by a member of our staff or by one of our approved third party surveyors. The site survey is a non-intrusive survey which means that we only review what we can see without disturbing any heating or electrical equipment or components. If you choose to have no survey then we reserve the right to charge you for any additional works undertaken outside the scope of the original order quotation on the day of installation.
An order quotation is an estimate based on the information available to us at the time.
We reserve the right to revise the quotation estimate if it becomes necessary to do additional work which was not anticipated at the time of the initial order quotation, and which are discovered on the day of the installation. This can occur, for example, when there are unforeseen works that are required to be carried out either before, during or after the installation process.
You will be notified as soon as it becomes apparent to us that the initial order quotation estimate needs to be increased.
3.2 How we will accept your order. Our acceptance of your order will take place when we email or contact you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK without prior arrangement.
Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Product packaging. The packaging may have been opened by our warehouse operatives and then resealed for some larger products. This is to check the product for cosmetic signs of damage and put additional protection in the packaging where required. All products are new and unused, unless stated otherwise.
4.4 Making sure your measurements are accurate. If we are making or sourcing the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can obtain information and tips on how to measure by contacting us.
4.5 Heating Products Advice. Greenvision Energy understand that making the purchase of a new heating system is a large capital investment. For safety, efficiency and performance reasons we strongly recommend you seek professional advice from a NICEIC approved electrician or Gas Safe registered engineer before making your purchase. Please contact your energy provider if you would like to change your electricity meter or tariff type. We do not accept any liability for any increased energy running costs from the products (unless we have been negligent when advising you on their use). For advice on the most efficient way to operate individual heating products, please refer to the manufacturer’s guidelines for the particular product.
Manufacturer’s guarantee.
5.1 Where goods are sold with the option of claiming a manufacturer’s guarantee, to claim the benefit of the guarantee you should return the manufacturer’s guarantee to the manufacturer within the required period . It is your responsibility to complete and submit the manufacturer’s guarantee claim to the relevant manufacturer.
Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website or confirmed to you over the telephone. For remote deliveries for example to the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles you may be required to pay extra for delivery. Please contact us for further details on 0115 854 7498 or support@greenvisionenergy.co.uk
6.2 When we will provide the products. During the order process we will let you know the estimated delivery date for your order. If the products are goods, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Where possible, we try to offer a next working day delivery for orders placed before 12pm. We use third party couriers to deliver our goods, and so next day delivery is not guaranteed. Standard delivery vary, but are generally between the hours of 08:00 and 18:00 Monday to Friday (excluding bank holidays). Subject to availability, and for an additional charge we can offer a specific time slot for your delivery, and to arrange this please contact us at 0115 854 7498 or support@greenvisionenergy.co.uk. We strongly recommend that you do not book contractors (including electricians or gas engineers) to fit the goods on the estimated day of delivery (even when choosing a specified time slot) in the event of delays. We do not accept liability for any costs or delays incurred that are out of our reasonable control.
6.3 If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as confirmed to you during the order process.
6.4 Delivery of goods. Goods may be delivered by multiple couriers, and where possible, we will inform you that this is the case. Goods will need to be signed for, so please make sure you are available to take delivery of the goods at the standard delivery time. Many of our products are heavy and may be delivered on a pallet by the courier. The courier may not be insured to assist in the unpacking of the goods, so please make sure you have assistance at the time of delivery, should you require it.
6.5 We are not responsible for delays outside our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier may leave you a note informing you of how to rearrange delivery. Alternatively, you can collect products from us upon prior arrangement only. To schedule a collection of products, please contact us on 0115 854 7498 or write to us at support@greenvisionenergy.co.uk.
6.7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and reserve the right to charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.8 We (and our approved third party installers) require access to the relevant property to provide any installation services. If you have paid for supply and installation of the goods we will require access to your property for the full working day (08:00 – 17:00) to carry out the services.
6.9 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result, any additional charges will then need to be paid in advance of us returning to provide the services. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
6.10 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us. You should check your order is correct and undamaged on delivery.
6.11 When you own goods. You own a product which is goods once we have received payment in full. This means that Greenvision Energy Limited remain the owner of goods up until full payment is received in full.
6.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example providing the correct additional specifications about the product, if applicable, providing the correct delivery address or specific access requirements to your property to allow us to effect delivery and/or installation of the products or services. If so, this will have been stated in the description of the products on our website or confirmed to you over the telephone. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result before we redeliver the products or return to provide the services. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements.
6.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.15 If your products (including goods or services) are being funded by Government schemes. Funding may only be available for a limited time and can be stopped or changed at any time. Where possible, we will tell you about any changes prior to work commencing and will not carry out works without confirming the costs with you. However we cannot be held liable for any changes made and any increases to your contribution that may occur prior to work commencing.
6.16 If you are removing storage heaters and replace with electric radiators, there may a risk that your EPC rating will be reduced. It is important that you understand the legal implications of selling and renting properties with a low EPC rating, and we cannot be held responsible and will not be liable for any change to the property’s EPC unless this was caused by our negligent advice.
6.17 Our rights to make changes to the products. Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements. For example, where a manufacturer of products changes the products or packaging in response to new laws or regulations.
(b) to implement minor technical adjustments and improvements, for example where a manufacturer makes changes to fixtures, fittings or change in technical specification of goods, or variations in colour.
Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.7.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or over the telephone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 Our Installation Guarantee. The terms of our Guarantee reflect the goodwill guarantee offered by Greenvision Energy Limited to its UK customers. Greenvision Energy Limited installed electric heating products carry a 12-month labour warranty to cover any defect due to installation workmanship. This guarantee does not affect your statutory rights.
7.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) any goods that are made to the consumer’s specifications or are clearly personalised; and
(c) any products which become mixed inseparably with other items after their delivery.
7.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services? (for example, the installation of heating products by our third party installers) If so, you have 14 days after the day we email or contact you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods? (for example, the supply of new heating equipment) if so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0115 854 7498 or email us at support@greenvisionenergy.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods by posting them back to us at Greenvision Energy Limited East Midlands Chamber,NG2 Business Park,8 Experian Way,Nottingham NG2 1EP or at such other place as Greenvision Energy Limited communicates to you at the time of arranging the return or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0115 854 7498 or email us at support@greenvisionenergy.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. We strongly recommend that you insure the delivery of returned products and make sure the product is sufficiently protected before you return it. All products should be returned in their original packaging and be undamaged.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong,
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge a cost based upon size/weight for collection.
8.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment or an alternative method of repayment if you agree to it. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your unnecessary handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due on satisfactory completion of the job;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services (for example, an address for delivery, or sufficient details to gain access to the property for installation services); or
(c) you do not, within a reasonable time, allow us to deliver the products to you; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0115 854 7498 or write to us by email at support@greenvisionenergy.co.uk or by post at Greenvision Energy Limited East Midlands Chamber,NG2 Business Park,8 Experian Way,Nottingham NG2 1EP.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a heating product, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 7.3.
If your product is services, for example the installation of your heating product, the Consumer Rights Act 2015 says:
- a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 7.3
10.3 Details of our customer complaints policy can be found here.
10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0115 854 7498 or write to us at support@greenvisionenergy.co.uk for a return label or to arrange collection.
10.5 What to do with damaged goods. All damaged or defective goods should be reported to us immediately (ideally within 3 days of receipt of the item but as soon as reasonably practical) by contacting us at support@greenvisionenergy.co.uk. Please provide relevant supporting information when reporting damaged or defective goods including your invoice number, product reference, a description of the damage or defect and photos of the damage and the packaging. Please retain all product packaging where goods have been damaged.
10.6 Dealing with reported damaged goods. Where possible, we aim to respond to all reported damages or defects within 2 working days (where they are received during normal business hours Monday to Friday) with an update or a request for further information.
10.7 When we will not be liable for damage. We will not be liable for damage caused by your misuse or damage caused by wear and tear by you or damage as a result of your unnecessary handling of the goods and reserve the right to deduct an amount (up to the full price of the goods) from the refund you receive to reflect any loss in value of the goods.
Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or as told to you over the telephone. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment with most credit and debit cards except for American Express. We also accept payment via BACS transfer. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For supply and installation services, you must make an advance payment of 25% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice upon satisfactory completion of the job.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. As per clause 6.11, Greenvision Energy Limited remain the owner of goods until full payment is received. We reserve the right to remove goods which have not been paid for in line with the requirements of this contract.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
12.5 If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of products (a business), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under this agreement or otherwise at our discretion.
12.6 Without prejudice to clause 12.5, if you are acting as a business in your ordering and/or purchasing of products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
(a) loss of profits, revenue, sales, income, or business;
(b) loss of savings;
(c) loss of use or production;
(d) loss of goodwill;
(e) business interruption;
(f) subject to clause 10, remedial costs if the products are damaged or defective;
(g) damage to property or possessions through use or misuse of the products;
(h) loss caused by delay or other late performance; and
(i) indirect or consequential losses.
12.7 If you are acting as a business in your ordering and/or purchasing of products, you acknowledge and agree that all our obligations to you are set out in this agreement.
12.8 If you are acting as a business in your ordering and/or purchasing of products, except as set out in this agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.
12.9 Subject to clause 12.2, we will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any products by you (or on your behalf). Accordingly, as a business, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of products that we supply.
How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us as set out in our Privacy Policy. You can find our Privacy Policy here.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
Other important terms
14.1 If we are providing services. You will need to obtain all necessary planning permissions, local authority consents or any other required consents or permissions for the services before they start. It is your responsibility to obtain any required consents or permissions.
14.2 If we are providing services. You will also need to inform us if your building is listed, located in a conservation area, or is otherwise subject to restrictions which may impact on us providing the services. It is your responsibility to check that the services will not infringe any restrictions.
14.3 If we are providing services. We reserve the right to refuse to provide services and cancel your order where we have reasonable grounds for doing so for example if there are concerns over the safety of our staff. Where we cancel your order in these circumstances you will receive a refund of the price paid. We reserve the right to charge for any reasonable costs incurred.
14.4 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.5 You need our consent to transfer your rights to someone else (except that you can always transfer your guarantee, where one has been provided). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we have a reasonable business reason to do so.
14.6 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee where one is in place. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.7 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.8 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.9 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Greenvision Energy Limited a company registered in England and Wales with registration number 07561996 and whose registered office is at Oakhurst House, 57 Ashbourne Road, Derby DE22 3FS
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):
Date:
* Delete as appropriate