. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you (the consumer). We reserve the rights to change the contents of these terms at any time without notice, by posting such changes on our website. It is your responsibility to familiarise yourself with the terms regularly to ensure that you are aware of any changes.
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. If you think that there is a mistake in these, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Ener(gy) Ambit a company registered in England and Wales. Our company registration number is 12195085 and our registered office is at 70 Vale Road, Seaford, BN25 3EZ. Our registered VAT number is 343837191.
2.2 How to contact us. You can contact us by telephoning, texting and WhatsApp at +44 (0) 07487 676887 or by writing to us at dauer@ea-mc.com or write to: 70 Vale Road, Seaford, BN25 3EZ.
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 or postal 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.
3. Our contract with you
3.1 How we will accept your order
We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order. Our acceptance of your order will take place when:
We confirm by email the correct date and location when the meeting takes place and send you the non-disclosure agreement. As soon as we receive the agreement signed by management/owner of the business the contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by telephone or in writing by email. This might be because 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 service or because we are unable to meet a delivery deadline. Please note that this list is not exhaustive. If we cannot accept your order we may offer you an alternative service, failing which we will refund your original order price. Refunds are usually made in the same form of payment originally used for the purchase. When a refund is made to a credit or debit card it may not show up in your account straight away as the clearing banks take time to process the refund. Typically, this can take up to 7 working days, but varies depending on your own bank. If you would like further clarification on the timescales involved, please contact your card issuer.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order, this will be contained within your order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We sell our products for prizes shown on our website UK-wide. Prizes shown on our website, especially for Europe or Worldwide can be individually recalculated in regard of circumstances and expenses.
3.5 Your responsibility. You shall be responsible to us for ensuring the accuracy of the terms of your order submitted by you, and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the contract in accordance with its terms.
4. Our Products and Services
The images of the services on our website are for illustrative purposes only. Although we have made every effort to display these accurately, we cannot guarantee that a image reflects accurately the final documents.
5. Your rights to make changes
If you wish to make a change to your order, 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).
6. Our rights to make changes
6.1 Minor changes to the products and services. We may change the service to reflect changes in relevant laws and regulatory requirements.
6.2 More significant changes to the service and these terms. In addition, we may make changes to these terms or the services, but if we do so 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 products and services
7.1 Delivery costs. The costs of delivery will be included in the price displayed to you on our website for England, Scotland and Wales.
7.2 When we will provide the services. During the order process we will let you know when we will provide the services to you. Any dates or times quoted for delivering of the services are estimates and not guaranteed, whilst we use our best efforts to meet appointments. In some circumstances we will inform you of any delay as soon as reasonably practicable.
7.3 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 products you have paid for but not received.
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 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 misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some 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 – clause 8.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. Please note that due to the nature of our business it is highly unlikely that we refund after we delivered our service. Therefore, in the majority of cases we will deduct the full contract price from your refund which would result in you receiving no refund;
(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 products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the service 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 service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the service may be significantly delayed because of events outside our control; or
(d) 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, once these 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 (known as your order confirmation email). 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. 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 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 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 us on +44 (0) 7487 676887 or email us at info@dc-world.co.uk. Please provide your name, home address, details of the order (including order number) and, where available, your phone number and email address.
(b) By post. Please write to us at 70 Vale Road, Seaford, BN25 3EZ. Please provide your name, home address, details of the order (including order number) and, where available, your phone number and email address.
9.2 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price to reflect any reduction in the value of the service, if this has been caused by you. For example:
(i) If you cancel your contract for the purchase of service before any work is carried out then we will reimburse to you all payments received from you.
(ii) If you cancel your contract after we started to carry out the work, we will reimburse to you an amount which reflect the amount of work which already carried out. We will reimburse all the already received payments from you less a charge for the approximately work already done.
(iii) If you cancel your contract after we carried out the work and delivered the documents you receive no refund.
9.5 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, your refund will be made within 14 days from the day on which we receive the product back from you or. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, 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 service at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us withthe non-disclosurenagreement or further information that is necessary for us to provide the service;
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 you breaking the contract.
11. If there is a problem with the service
11.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone us at +44 (0) 7487 676887 or write to us at info@dc-world.co.uk or 70 Vale Road, Seaford, BN25 EZ.
11.2 Legal rights. We are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights. For detailed information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12. Price and payment
12.1 Where to find the price for the products and services. The price of the service (which excludes VAT) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the service you order.
12.2 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.
12.3 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. If we accept and process your order where there is a pricing error then we may end the contract, refund you any sums you have paid.
12.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, Maestro, Visa Electron, American Express and PayPal. You must pay in full before we carry out our service.
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 us breaking this contract or us 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. We will require documentary evidence from you to support any claim that you have against us for foreseeable loss or damage. Your losses must be mitigated so far as reasonably practicable.
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 including the right to receive services which are: as described and match information we provided to you and of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care under the Consumer Protection Act 1987
13.3 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.
13.4 We are not liable for business losses. We only supply the service for domestic and private use. If you use the service for any commercial, business 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 may use your personal information. We will only use your personal information as set out in our Privacy Policy
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.
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 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
15.4 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.
15.5 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 services, we can still require you to make the payment at a later date.
15.6 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.
15.7 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 we use. You can submit a complaint to The National Conciliation Service via their website at https://www.nationalconciliationservice.co.uk/. The National Conciliation Service will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Ener(gy) Ambit or: dauer@ea-mc.com
70 Vale Road,
Seaford
BN25 3EZ,
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