Terms & Conditions

TERMS AND CONDITIONS

 

1.

1.1.This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.

 

1.2.Before confirming your order please:

     1.2.1.Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 12 and limitation of our

              liability and your indemnity at clause 16

     1.2.2.Print a copy for future reference.

     1.2.3.Read our privacy policy regarding your personal information.

 

1.3.By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your

      purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

 

1.4.We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the

      Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to

      determine whether we have changed these Conditions.

 

2.

2.1.This Website is owned and operated by Energy For Living Ltd ('we'/'us'/'our'), a limited company registered in England and Wales under company

      number: 08779220 having our registered office at Whistlewood, Church Lane, Upper Sapey. Worcester. WR6 6XS. VAT Number 183-8863-58

 

3.

3.1.You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts,

     notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in

     writing.

 

3.2.We will contact you by email or provide you with information by posting notices on our Website.

 

4.

4.1.Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).

 

4.2. Some pages on our website may not be accurately translated from German into English. No warranty of any kind, either expressed or implied, is made

       as to the accuracy, correctness, or reliability of any translations made from German into English. Any discrepancies or differences created in the

       translation are not binding and have no legal effect for compliance or enforcement purposes. 

 

5.

5.1.When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username

      and password.

 

5.2.By registering on the Website you undertake:

     5.2.1.That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate,

              current and complete in all respects

     5.2.2.To notify us immediately of any changes to the information provided on registration or to your personal information

     5.2.3.That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this

              Website in conjunction with and under their supervision

     5.2.4.To only use the Website using your own username and password

     5.2.5.To make every effort to keep your password safe

     5.2.6.Not to disclose your password to anyone

     5.2.7.To change your password immediately upon discovering that it has been compromised

     5.2.8.To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to

              use them

 

5.3.You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information

      from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

 

5.4.We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website

       immediately and without notice to you if:

     5.4.1.You fail to make any payment to us when due

     5.4.2.You breach these Conditions (repeatedly or otherwise)

     5.4.3.You are impersonating any other person or entity

     5.4.4.When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine

              the accuracy and validity of any information supplied by you, or your identity

     5.4.5.We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the

              Website

 

6.

6.1.To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:

     6.1.1.Be 18 years of age or over

     6.1.2.Be legally capable of entering into a binding contract

     6.1.3.Provide full details of a delivery address in the United Kingdom

 

6.2.If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must

      not use our Website.

 

7.

7.1.The prices of the Goods are quoted on the Website.

 

7.2.Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.

 

7.3.Unless otherwise stated, the prices quoted include VAT but exclude delivery costs which will be added to the total amount due from you. Details of our

      delivery charges can be located on our Website. 

 

7.4.We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to

      reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant

      increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at

      any time before delivery.

 

8.

8.1.Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.

 

8.2.By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order

      form.

 

8.3.Payment will be debited and cleared from your account before the dispatch of the Goods to you.

 

8.4.When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have

     adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the

     order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

 

8.5.By accepting these Conditions you:

     8.5.1.Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card

              you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered

     8.5.2.Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale

     8.5.3.Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated

              information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate

              your identity, to validate your payment card and for other security reasons, such as fraud prevention

     8.6.We shall contact you should any problems occur with the authorisation of your card.

     8.7.We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in

           the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised

           access to any data you provide when accessing or ordering from our Website.

     8.8.We do not store credit card details nor do we share customer details with any 3rd parties.

 

9.

9.1.All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option

      either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you

      if necessary.

 

9.2.Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we

      reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

 

9.3.You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all

      details requested from you have been entered correctly.

 

9.4.You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase

      the Goods ordered by you from the Website.

 

9.5.A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have

      confirmed that we have dispatched the Goods or made them available to be downloaded. We will send you an email to confirm this (a 'Confirmation

      Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send

      you the Confirmation Notice (whether or not you receive it).

 

9.6.Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a

      minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected

      to purchase and is provided on the Website.

 

9.7.The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part

      of your order until we have sent you a separate Confirmation Notice relating to it.

 

9.8.You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

 

9.9.You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:

     9.9.1.Any change to those policies or these Conditions is required to be made by law or governmental authority

     9.9.2.We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we

              are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven

              working days of receipt of the Confirmation Notice

 

10.

10.1.The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but

        please note that extra documentation may be needed to comply with such orders.

 

10.2.We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must

        examine the Goods before signing for it.

 

10.3.All Goods must be signed for by an adult aged 18 years or over on delivery.

 

10.4.Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the

        date of the Confirmation Notice, unless there are exceptional circumstances. 

 

10.5.We shall not be liable for any delay in delivering the Goods, however caused.

 

10.6.The Goods may be sent to you in instalments.

 

10.7.For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in

        stock within 24 hours. However, we cannot guarantee delivery by 24th December.

 

11.

11.1.The Goods will be at your risk from the time of delivery.

 

11.2.Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.

 

12.

12.1.

     12.1.1.You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us so long as you contact us in

                writing. You can send us a cancellation notice by sending an email to info@energyforliving.eu or a letter to Whistlewood, Church Lane,

                Upper Sapey. Worcester. WR6 6XS. Your cancellation notice must quote your name, address, the name or a description of the

                Goods and your order reference number.

 

12.2.

     12.2.1.You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice or,

                if you have received the Goods, so long as you provide us with written notice at anytime within 7 working days starting from the

                day after you received the Goods. You can send your cancellation notice by email to info@energyforliving.eu or a letter to Whistlewood,

                Church Lane, Upper Sapey. Worcester. WR6 6XS. Your cancellation notice must quote your name, address, the name or a

                description of the Goods and your order reference number.

      12.2.2.Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other

                 relevant instructions. You must then immediately return the Goods to us at your own cost and risk. We reserve the right, at our

                 option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us. We

                 will charge you for the cost of collecting the Goods and will deduct this from any sum owed by us to you.

     12.2.3.The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either

                collected by us or delivered back to us by you. You must return the Goods with its original packaging and the original invoice. The product

                "Rerum" is not possible to return.

                You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this

                obligation, we may have a right of action against you for compensation.

 

12.3.

You will not have a right to cancel an order for goods purchased from us, in the following situations:

     12.3.1.If you expressly agree to us beginning to provide any services before the end of the cancellation period. 

     12.3.2.The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food).

     12.3.3.The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be

                controlled by us.

     12.3.4.The Contract is for the sale of land or financial services.

     12.3.5.The Contract is for the sale of goods by auction.

     12.3.6.The Contract is for the supply of:

          12.3.6.1.Audio or video recordings and computer software if unsealed by you.

          12.3.6.2.Audio or video recordings and software and other items that you have successfully downloaded where a free trial or

                        demonstration was available to you to view or download. 

          12.3.6.3.Newspapers, magazines and other periodicals.

          12.3.6.4.Gaming, betting and lottery services.

 

12.4.

     12.4.1.We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of

                returning the Goods to us, provided that you return the Goods to us and the conditions set out in paragraph 12.5.2. are met. We

                must also be reasonably satisfied that:

          12.4.1.1.the Goods have not suffered damage after delivery;

          12.4.1.2.the Goods have not been misused or used other than in accordance with the instructions; and

          12.4.1.3.the problem is not due to normal wear and tear.

 

     12.4.2.In addition to the requirements of paragraph 12.5.1, the Goods in terms of which you are claiming a refund must have:

          12.4.2.1.been damaged on delivery;

          12.4.2.2.been delivered in a faulty condition;

          12.4.2.3.developed a fault within 7 of delivery; or

          12.4.2.4.have been delivered to you in error.

 

     12.4.3.Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will

                replace the Goods with the same or a similar product (subject to stock availability).

 

     12.4.4.Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will

               do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you

               can return the Goods to us.

 

     12.4.5.In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem

                and no later than 5 working days after receipt or the fault developing by email to info@energyforliving.eu or a letter to Whistlewood,

                Church Lane, Upper Sapey. Worcester. WR6 6XS. Your cancellation notice must quote your name, address, the name or a

                description of the Goods, a brief description of the problem, fault or damage and your order reference number.

 

     12.4.6.Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other

                relevant instructions. You must then immediately return the Goods to us. We reserve the right, at our option, to collect the Goods

                from you. If we wish to collect the Goods we will notify you of when they will be collected by us.

 

12.5.

     12.5.1.Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price

                and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or

                provide those Goods to you.

 

     12.5.2.If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you

                of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the

                correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or

                description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or

                not you receive it), we will reject your order.

 

     12.5.3.If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to

                you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have

                reasonably been recognised by you. We will notify if we cancel the Contract.

 

     12.5.4.If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with

                clause 12.7

 

12.6.

     12.6.1.The Goods may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you

                have already paid, of the purchase price of the outstanding Goods in accordance with clause 12.7

 

12.7.

     12.7.1.We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable

                period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30

                days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or

                electronic payment account you used to purchase the Goods.

     12.7.2.We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the

                event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance

                with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original

                packaging. This does not affect your statutory rights.

 

13.

     13.1.If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at

             info@energyforliving.eu or by post at Whistlewood, Church Lane, Upper Sapey. Worcester. WR6 6XS.

 

14.

     14.1.The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other

             intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques,

             computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility

             models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or

             improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Energy For

             Living Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and

             the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and

             content supplied as part of the Website shall remain with us or our licensors.

 

     14.2.You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the

             material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than

             personal use is expressly prohibited.

 

     14.3.You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but

             not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-

             commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify,

             copy or distribute or use for commercial purposes any of the materials or content on the Website.

 

     14.4.You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and

             agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or

             create derivative works from such material and content.

 

     14.5.No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.

 

     14.6.Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of

             third parties. We acknowledge those rights.

 

15.

     15.1.You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.

 

16.

     16.1.Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our

             liability for:

          16.1.1.Death or personal injury resulting from our negligence

          16.1.2.Fraud or fraudulent misrepresentation

          16.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987

          16.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

 

     16.2.The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no

             warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions

             or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular

             purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of

             non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty

             arising from course of dealing or usage or trade custom.

 

     16.3.We will not be liable if the Website is unavailable at any time.

 

     16.4.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the

             Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available

             are free of viruses or bugs.

 

     16.5.We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we

             accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on

             the Website.

 

     16.6.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.

             You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by

             a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other

             material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer

            programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold

            on the Website or from any website linked to it.

 

     16.7.We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for

             any loss, costs or expenses arising directly or indirectly from any delays in doing so.

 

     16.8.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other

             representations (other than fraudulent misrepresentations) or otherwise for:

          16.8.1.any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any

                     other consequential loss); or

          16.8.2.any loss of goodwill or reputation; or

          16.8.3.any special or indirect losses; or

          16.8.4.any loss of data; or

          16.8.5.wasted management or office time; or

          16.8.6.any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under

                     these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even

                     if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate

                     the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without

                     prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you

                     suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is

                     strictly limited to the purchase price of the Goods you purchased.

 

     16.9.You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on

             demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation),

             costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or

             any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal

             information with your authority.

 

     16.10.This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

 

17.

     17.1.You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that

             it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites,

             publications or marketing materials.

 

     17.2.You undertake that any review, feedback or rating that you write shall:

          17.2.1.Comply with applicable law in the UK and the law in any country from which they are posted

          17.2.2.Be factually accurate

          17.2.3.Contain genuinely held opinions (where applicable)

          17.2.4.Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely

                     to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving

          17.2.5.Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence

          17.2.6.Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any

                     other person or breach of any legal duty you owe to a third party

          17.2.7.Not be used to impersonate any person, or to misrepresent your identity

 

Loading...
Loading...
Loading...