Terms and Conditions – Online Consumer Services
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
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 services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Nexus Energy Solutions Ltd (trading as EPCForYou) a company registered in Scotland with company registration number SC446281 and our registered office is at 272 Bath Street, Glasgow, G2 4JR. Our registered VAT number is 161570226.
2.2 How to contact us. You can contact us by telephoning our customer service team on 0330 304 0100 or by emailing us at email@example.com or by writing to us at 272 Bath Street, Glasgow, G2 4JR or by contacting us through our online enquiry form.
How we may contact you. We will contact you by telephone or by writing to you at the email address or postal address you have provided to us.
3. Placing your order.
Please contact us using one of the above methods to register your enquiry. We will then endeavour to contact you as soon as possible to further discuss the details of your order, to provide you with a price for the services and when payment of the services is due and to discuss available dates for the survey.
4. Our contract with you
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2 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 services. This might be 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 services or because we are unable to meet the agreed appointment date.
4.3 Your invoice number. We will assign an invoice number to your order. It will help us if you can tell us the invoice number whenever you contact us about your order.
5. Your rights to make changes
5.1 If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
5.2 If you wish to cancel or amend your agreed appointment date please contact us as soon as possible (a least 24 hours before your scheduled appointment) by telephoning our customer service team on 0330 304 0100 or by emailing us at firstname.lastname@example.org or by contacting us through our online enquiry form.
5.3 Unless there are exceptional circumstances, if you do not inform us about your wish to cancel or amend your agreed appointment at least 24 hours before your scheduled appointment we reserve the right to invoke clause 10.2.
6. Our rights to make changes
6.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
Any of these changes will not affect your use of the services.
6.2 More significant changes to the services and these terms. In addition, if these is a more significant change to the services we provide we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
7. Providing the services
7.1 When we will provide services. We will begin the services on the agreed appointment date.
7.2 We are not responsible for delays outside our control. If our supply of the service 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 service you have paid for but not received.
7.3 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. This may include fuel costs and personnel costs. 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 10.2 will apply.
7.4 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 service to you, for example, the address of the property and the size of the property. During our initial contact we will ask you 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 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the service 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.
7.5 Reasons we may suspend the supply of the services to you. We may have to suspend the supply of the services to:
(a) deal with technical problems or make minor technical changes;
(b) update the service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the service as requested by you or notified by us to you (see clause 6).
7.6 Your rights if we suspend the supply of the services. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the service.
7.7 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 12.6). As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on the services you have bought, whether there is anything wrong with the services, how we are performing and when you decide to end the contract:
(a) If what you have bought is mis-described you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 11;
(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 8.2;
(c) If you have just changed your mind about the service, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 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 services 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 services or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons,; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online 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.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services which have been completed, even if the cancellation period is still running.
8.5 How long do I have to change my mind? You have 14 days after the day we email 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.
8.6 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 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. The 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 services not provided but we may deduct from that refund (or, if you have not made payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 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 0330 304 0100 or by emailing us at email@example.com Please provide your name, home address, details of the order (including your invoice number if available) and your phone number and email address.
(b) Online. Complete the form on our website – www.epcforyou.co.uk/contact-us/
(c) By post. Simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
How we will refund you. We will refund you the price you paid for the services by the method you used for payment.
9.2 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 your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 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 7 days of us reminding you that payment is due;
(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 services, for example, the address of the property and the size of the property;
(c) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services 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.
11. If there is a problem with the services
11.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 0330 304 0100 or by emailing us at firstname.lastname@example.org or by writing to us at 272 Bath Street, Glasgow, G2 4JR or by contacting us through our online enquiry form.
11.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights – Services
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.
The Consumer Rights Act 2015 says:
· 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.
· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (clause 8.3).
12. Price and payment
12.1 Where to find the price for the services. The price of the services (which excludes VAT) will be the price indicated to you when you place your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the product you order.
12.2 Price Promise. When you place your order we will aim to provide you with the best price available. If you find a cheaper price before completion of the services you may end the contract (see clause 8 – Your rights to end the contract). However, we will endeavour to match any cheaper price where you can provide us with evidence of such quote by way of an invoice (which shall include the invoice or quote number). Please contact our customer service team for further information on our price promise.
12.3 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.
12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions.
12.5 When you must pay and how you must pay. Depending on the services you order you may either require to pay for the services upfront or once the services are completed. We will notify you at the time of placing your order when you are required to make payment. In any case you will be issued with an invoice which will detail when you must pay. We accept payment with all credit and bank cards except American Express.
12.6 We can charge interest and expenses 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 4% a year above the base lending rate of Bank of Scotland 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. We may also charge you for our reasonable expenses in obtaining a judgment on any overdue amount. You must pay us interest and expenses together with any overdue amount.
12.7 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 and we will not charge you interest until we have resolved the issue.
12.8 After completion of the services we will provide you with our invoice which will detail when you must pay. Please note your Energy Performance Certificate will be provided to you only after full payment is received. In some circumstances you may be required to pay for the services in advance.
13. Our responsibility for loss or damage suffered by you
13.1 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 not 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.
13.2 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 services as summarised at clause 11.2 including the right to receive services which are supplied with reasonable skill and care.
13.3 When we are liable for damage to 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.
13.4 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you; and
(b) to process your payment for the services.
We will also provide you with information about similar services or products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
15.2 You need our consent to transfer your rights to someone else (. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 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.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and the Scottish courts shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
15.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider as recommended by Ofgem. You can submit a complaint to Ombudsman Services via their website at www.ombudsman-services.org.Ombudsman Services will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.