Energy Saving International - Terms And Conditions
Energy Saving International Limited (referred to as “we”, “our” and “us”) is the operator of this website. As a customer placing an order on this website (referred to as “you” and “your”) you acknowledge that the order you make is subject to our terms and conditions below.
Please read these terms, conditions carefully, and print a copy for future reference. We may change these terms and conditions at any time (but not in relation to orders that have been sent to us). Any changes will take effect on the date they are posted onto this website.
2 Service availability
2.1 Our website is intended for use by people resident in the United Kingdom and the Channel Islands (“the Serviced Countries”) not the Republic of Ireland. We do not accept orders from outside those countries. Please email us using the contact page on the website at firstname.lastname@example.org for details of our distributors outside (“the Serviced Countries”).
3 Your status
3.1 By placing an order through this website, you warrant to us that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 You are based in one of the Serviced Countries;
3.1.4 You are accessing our website from that country.
4 The order process and your contract with us
4.1 Before you submit an order (by clicking the Submit Order button) you will have an opportunity to identify and correct any input errors in your order.
4.2 After you submit an order we will give you an Order Reference Number, give you details of the goods you have ordered and confirm that your order has been accepted by sending you an email to the email address you provided when you registered your trade account with us. Our email accepting your order brings into existence a legally binding contract between us.
4.3 We do not file details of your order for you to subsequently access directly from our website. Therefore, please print out this email for your future reference.
5 Price and payment
5.1 The price payable for goods that you order are as set out in our website (except in cases of obvious error) and are in UK pounds. They include any VAT payable.
5.2 You will be required to pay extra for delivery at the rates set out separately on this website.
5.3 The total cost of your order will be the price of the goods you order, plus any applicable delivery and VAT charge. All these will be set out clearly in your Shopping Cart before you submit your order.
5.4 Prices, offers and goods are subject to availability and may change before (but not after) we accept your order. However, we are under no obligation to provide any goods to you at an incorrect price, even after we have sent you an acceptance of order, if the pricing error is obvious and unmistakable and would have reasonably been recognised by you as a mis-pricing.
5.5 We try and ensure that at all times the information and prices on our website are accurate and up to date, however, errors can occur. If we discover an error in price or description of a good ordered by you, we will tell you as soon as possible and ask you whether you wish to reconfirm your order at the correct price or cancel it. If we are unable to contact you we will treat your order as cancelled.
5.6 Subject to clause 5.8, if you have a sundry trade account with us, you must make full payment for the goods before we accept your order. Your payment for all goods must be by credit or debit card. We accept payment with Paypal.
5.7 Subject to clause 5.8, if you have a credit trade account with us, and unless otherwise agreed in writing, payment of the price for the goods is due in pounds sterling within 30-days of the date of our invoice.
5.8 Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. All payments payable to us under the contract shall become due immediately on its termination despite any other provision.
5.9 You will make all payments due under the contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
5.10 If you fail to pay us any sum due pursuant to the contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of HSBC plc, accruing on a daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 instead.
6.1 We will deliver the goods ordered by you by using The Royal Mail’s , Parcelforce or any other courier. Delivery must be to an address in the Serviced Countries. We cannot deliver outside the Serviced Countries. All deliveries must be signed for by someone aged 18 years or over. Please make sure you keep the receipt enclosed with your goods.
6.2 Our acceptance of order will state an estimated delivery date. This date, and any other date, we specify for delivery of the goods is intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. We will close on 20th December and re-open on 4th January each year and no orders will be processed for delivery during that period.
6.3 Subject to the other provisions of these terms and conditions we shall not be liable to you for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the contract unless such delay exceeds 90 days.
6.4 You will provide at the delivery point and at your own expense adequate and appropriate equipment and manual labour for unloading the goods when they are delivered.
6.5 We may deliver the goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of these terms and conditions. Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to repudiate or cancel any other contract or instalment.
7 Delivery charges
7.1 Our delivery charges depend on the size of your order and on which of the Serviced Countries the goods will be delivered to. When you add goods to your Shopping Cart, the appropriate delivery charge will be added automatically and will be clearly set out. If you add additional items, please check the charge is in accordance with your wishes.
8.1 The quantity of any consignment of goods as recorded by us upon despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
8.2 We shall not be liable for any non-delivery of goods (even if caused by our negligence) unless you give written notice to us of the non-delivery within 14 days of the date when the goods would in the ordinary course of events have been received. You can email your notice to us at email@example.com, or write to us at Energy Saving International Limited 15 Moorland Rise, Moortown, LEEDS, LS17 6HZ
8.3 Our liability for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata contract price against any invoice raised for such goods.
9.1 The goods are at your risk from the time of delivery.
9.2 Ownership of the goods shall not pass to you until the later of: (a) we receiving in full (in cash or cleared funds) all sums due to us in respect of: (i) the goods; and (ii) all other sums which are or which become due to us from you on any account; and (b) delivery of the goods to you.
9.3 Until ownership of the goods has passed to you, you shall: (a) hold the goods on a fiduciary basis as our bailee; (b) store the goods (at no cost to us) separately from all other goods of your own or any third party in such a way that they remain readily identifiable as our property; (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods
9.4 On termination of the contract, howsoever caused, our (but not your) rights contained in this clause 10 shall remain in effect.
10.1 We warrant that (subject to the other provisions of these terms and conditions) upon delivery, and for a period of 12 months from the date of delivery, the goods shall: (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and (b) be reasonably fit for their normal purpose.
10.2 We shall not be liable for a breach of any of the warranties in clause 10.1 unless: (a) you give written notice of the defect to us, and, if the defect is as a result of damage in transit to the carrier, within 3 days of the time when you discover or ought to have discovered the defect; and (b) we are given a reasonable opportunity after receiving the notice of examining such goods and you (if asked to do so by us) return such goods to our place of business at your cost for the examination to take place there.
10.3 We shall not be liable for a breach of any of the warranties in clause 10.1 if: (a) you make any further use of such goods after giving such notice; or (b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; or (c) you alter or repair such goods without our written consent; or (d) the defect arises because of accident, neglect, misuse or normal wear and tear.
10.4 Subject to clause 10.2 and clause 10.3, if any of the goods do not conform with any of the warranties in clause 10.1 we shall at our option repair or replace such goods (or the defective part) or refund the price of such goods at the pro rata contract price provided that, if we so request, you shall, at our expense, return to us the goods or the part of such goods which is defective.
10.5 If we comply with clause 10.4 we shall have no further liability to you for a breach of any of the warranties in clause 10.1 in respect of such goods.
10.6 Any goods replaced shall belong to us and any repaired or replacement goods shall be guaranteed on these terms for the unexpired portion of the 12-month period.
10.7 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf, which is not set out in the contract. Nothing is this clause will exclude or limit our liability for fraudulent misrepresentation.
11 Limitation of liability
11.1 Subject to clause 6, clause 8 and clause 10, the following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of: (a) any breach of these terms and conditions; (b) any use made or resale by you of any of the goods, or of any product incorporating any of the goods; and (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
11.3 Nothing in these terms and conditions excludes or limits our liability: (a) for death or personal injury caused by our negligence; or (b) under section 2(3), Consumer Protection Act 1987; (c) for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or (d) for fraud or fraudulent misrepresentation.
11.4 Subject to clause 11.2 and clause 11.3: (a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and (b) we shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
12 Additional terms
12.1 Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
13 Written communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices and other communications that we provide you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
14.1 We may assign, novate or subcontract the contract or any part of it to any person, firm or company. You shall not be entitled to assign, novate or subcontract the contract or any part of it without our prior written consent.
14.2 We reserve the right to defer the date of delivery or to cancel the contract or reduce the volume of the goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing to us to terminate the contract.
14.3 Each of our rights or remedies under the contract is without prejudice to each of our other rights or remedies whether under the contract or not. Our failure or delay in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract. Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
14.4 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
14.5 The parties to the contract do not intend that any term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.6 The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.
14.7 All communications between the parties about the contract shall be in writing and delivered by hand or sent by pre-paid first class post, fax or email: (a) in case of communications to us, to our registered office or such changed address as shall be notified to you, or by email to enquiries @savasocket.com or (b) in the case of the communications to you, to your address as registered against your trade account or such other address as shall be notified to us, or emailed to you at the email address also registered against your trade account.
15 Consumer Rights
15.1 1.1 If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products. Details of how to cancel a contract will be set out in the delivery note / confirmation of order which is sent out with the product. The terms of that delivery note / confirmation of order are incorporated into our general terms and conditions.
16 Entire Agreement
16.1These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
17.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing
18 Who we are
18.1 This website is operated by, and any contract for the sale of goods will be with Energy Saving International Limited (company number: 5489921), a company registered in England and whose registered office address is at 15 Moorland Rise, Moortown, LEEDS, LS17 6HZ, UK.
VAT number: 975 8158 65