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Terms and Conditions

 

  1. The Contract

 

  • These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by custom, practice or through course of dealing.

 

  • Your signature of the Order From constitutes an offer by you to purchase the Product in accordance with these You are responsible for ensuring that the terms of the Order are complete and accurate.

 

  • Any samples, drawings, descriptive matter, or advertising produced by us are produced for the sole purpose of giving an approximate idea of the Products referred to in them. They shall not form part of the Contract nor have any contractual

 

  • We will either confirm our acceptance of your Order Form by email or inform you by email or by telephone as soon as possible if the Product you have ordered is not available. If the Product is not available, we will not process your Order Form and will refund to you the full amount paid (if any) as soon as possible. The Contract between us will only be formed when we both sign an Order

 

2.  Your Consumer right of return and refund

 

  • You have the right to cancel the Contract within 14 days without giving any

 

  • The cancellation period starts from the moment you place an Order for a Product and ends 14 days from the day on which you acquire physical possession of the

 

  • To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement e.g., a letter sent by post or email or by telephone. Our contact details are as follows:

    Charging Space
    the Accountancy Partnership Twelve Quays House Egerton Wharf Wirral Merseyside United Kingdom CH41 1LD

 

info@chargingspace.co.uk

 

  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has

 

  • We are under a legal duty to supply a Product that is in conformity with the Contract. The Product must be as described, fit for purpose and of satisfactory quality, if it is not and the 14-day cancellation period has expired you may have a statutory right to a refund, repair, or replacement.

 

3.  Quality

 

  • Subject to clause 3.3, we warrant that on delivery, and for a period of [36] months from the date of delivery (Warranty Period), the Product shall:

 

  • conform with its description and any applicable specification as set out in the Order

 

  • be free from material defects in design, material, and

 

  • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

 

  • be fit for any purpose held out by

 

  • The Product has the benefit of a manufacturer’s guarantee, which covers the cost of breakdown repairs for one* year from the date of purchase (Standard Warranty). This gives you the reassurance that if, within that time, the Product is proven to be defective because of either workmanship or material defect we will, at our discretion, either repair or replace the charger at no cost to

 

* UK ONLY – If your electric vehicle charger has been installed under the OZEV Electric Vehicle Home charge Scheme (EVHS) or Workplace Charging Scheme (WCS) then it has the benefit of three years’ full parts and labour guarantee with the option to purchase an extended warranty for years 4 and 5.

 

  • The warranties referred to in clauses 3.1 and 3.2 do not apply to any defect in the Product arising from:

 

  • fair wear and

 

  • wilful damage, damage resulting from transportation, abnormal storage or working conditions, accident, negligence by you or by any third party (including, but not limited to, if you have used the charger for charging anything other than an electric vehicle).

 

  • your failure to operate or use the Products in accordance with the user

 

  • any installation, alteration, or repair by you or by a third party who is not a recommended Charging Space installer or repairer. For the avoidance of doubt, any attempt to open the charger by anyone other than us or our appointed agent will invalidate the warranties referred to in clauses 4.1 and 4.2 above).

 

  • the charger being used on a different electricity supply which is not printed on the rating plate.

 

  • any specification provided by

 

  • a defect or fault in the Software that results from you having altered or modified the Software or used the Software in breach of the terms of the

 

3.4.  Subject to clause 3.4, if:

 

  • you give us notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in either clause 3.1 or 2.

 

  • we are given a reasonable opportunity of examining the Product; and

 

  • you (if asked to do so by us) return the Product to our place of business at our cost,

 

We shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full. For the avoidance of doubt, any parts removed during repair work or any charger that is replaced shall become our property.

 

3.5 You agree to provide us and all other persons duly authorised by us with access, including remote access, to your premises and the Product in order to perform the services under the Standard Warranty and any enhanced warranty.

 

4.  Effects of Cancellation

 

  • If you cancel the Contract under clause 2, we will reimburse to you all payments received from you in accordance with this clause 4

 

  • We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by

 

  • We will make the reimbursement without undue delay, and not later than:

 

  • if you have received the Product and we have not offered to collect it from you: 14 days after the day we receive back from you any Product supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the Product; or

 

  • if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the

 

  • We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the

 

  • We may withhold the reimbursement until we have received the Product back or you have supplied evidence of having sent back the Products, whichever is the

 

  • You shall send back the Products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this Contract to us. The deadline is met if you send back the Products before the period of 14 days has

 

  • You will have to bear the direct cost of returning the Products unless the Product is faulty or mis-described. You are only liable for any diminished value of the Products resulting from

 

the handling other than which is necessary to establish the nature, characteristics and functioning of the Products.

 

5.  DELIVERY

 

  • Your Order will be fulfilled by the estimated delivery date detailed in the Order Form unless we contact you and agree a revised estimated delivery

 

  • Delivery will be completed when we deliver and install the Product to the address you gave us at which point the Product will become your

 

  • You will only become the owner of the Products once we have received payment in

 

  • If we miss the estimated delivery date for a Product, then you may cancel your Order straight away if any of the following apply:

 

  • we have refused to deliver the

 

  • delivery by the delivery date was essential (taking into account all the relevant circumstances); or

 

  • you told us before we accepted your Order that delivery within the delivery deadline was essential.

 

  • If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 5.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new

 

  • If you do choose to cancel your Order for late delivery under clause 5.4 or clause 5.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order, we will refund any sums you have paid to us for the cancelled Products and their

 

6.  PRICE OF PRODUCTS

 

  • The prices will be as set out in the Order

 

  • The price of the Product includes VAT at the applicable current rate chargeable in the UK for the time

 

  • Prices are checked regularly. If we discover an error in the price of your Order, we will contact you to inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing. If the pricing error is obvious, unmistakable and could

 

have reasonably been recognised by you as a mispricing, we do not have to provide the Product to you at the incorrect (lower) price.

 

7.  Data Protection

 

We shall process all information about you (including all personal data provided by you to us) in accordance with our attached Privacy Policy. You warrant that you agree to the provisions of our Privacy Policy, including its application to the holding of your credit or debit card details, that we have procured all necessary consents from you to the processing of your personal data in accordance with the provisions of our Privacy Policy and otherwise in accordance with applicable law, and that all data provided by you is true, complete and accurate. Your credit or debit card details shall only be held for the purpose of facilitating any additional service and/or software licence subscription renewals requested by you.

 

8.  Our Liability if you are a Consumer

 

  • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence 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 it is either 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

 

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do 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 or a Licence including the right to receive Products / a Licence 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.

 

  • We only supply the Products to you, including the Software, for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business

 

  • You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your

 

  • Subject to clause 8.2, our total liability to you in respect of all losses arising under or in connection with the Contract, including the Licence, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased by you in the prior 12

 

9.  Termination and Suspension

 

  • If you become subject to any of the events listed in clause 9.2, we may terminate the Contract with immediate effect by giving written notice to

 

  • For the purposes of clause 9.1, the relevant events are:

 

  • you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;

 

  • you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts or make a proposal for or enter any compromise or arrangement with your

 

  • (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up, other than for the sole purpose of a scheme for your solvent amalgamation with one or more other companies or your solvent reconstruction.

 

  • (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over

 

  • (being a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative

 

  • a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your

 

  • (being an individual) you are the subject of a bankruptcy petition or

 

  • your creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days.

 

  • any event occurs, or proceeding is taken, in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2.1 to clause 10.2.8 (inclusive).

 

  • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your

 

  • your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and

 

  • (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or becomes a patient under any mental health legislation.

 

  • Without limiting our other rights or remedies, we may suspend provision of the Products and/or Licence under the Contract or any other contract between us if you become subject to any of the events listed in clause 9.2.1 to clause 9.2.12, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for

 

  • On termination of the Contract for any reason you shall immediately pay to us all our outstanding unpaid invoices and

 

  • Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations, and liabilities that have accrued as at

 

  • Clauses which expressly or by implication survive termination of the Contract shall continue in full force and

 

10.  SOFTWARE LICENCE

 

  • We have procured a licence for you to use the Software on the basis of the licence in this clause 10 (“Licence”). We do not sell the Software to

 

  • In consideration of your payment of the Cost as detailed in the Order Form we have procured a non-exclusive, non-transferable licence to use the Software in the United Kingdom on the terms of this

 

10.3  Software

 

Except as expressly set out in this Licence or as permitted by any local law, you undertake:

 

  • not to copy the Software except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational

 

  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software.

 

  • not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other

 

  • not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities: –

 

  • is used only for the purpose of achieving interoperability of the Software with another software program.

 

 

  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it; and

 

 

  • is not used to create any software which is substantially similar to the

 

 

  • to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the

 

  • to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this

 

  • to include the copyright notice on all entire and partial copies of the Software in any

 

  • not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person other than your employees without prior written consent from us; and

 

10.4  Intellectual property rights

 

  • You acknowledge that all intellectual property rights in the Software throughout the world belong to the owner, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this

 

  • You acknowledge that all intellectual property rights in the Software throughout the world belong to the owner, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this

 

  • You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with

 

10.5  Limited Warranty

 

We warrant that for the Standard Warranty period outlined in clauses 3.1 and 3.2 the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described.

 

10.6  Termination

 

  • We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do

 

10.6 2 Upon termination for any reason:

 

  • all rights granted to you under this License shall

 

 

  • you must cease to use the Products and all activities authorised by this Licence; and

 

 

  • you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody, or control and, in the case of destruction, certify to us that you have done

 

 

11. Events Outside our Control

 

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control.

 

  • If an event beyond our reasonable control takes place that affects the performance of our obligations under the Contract:

 

  • we will contact you as soon as reasonably possible to notify you and our obligations under the affected Contract will be suspended and the time for performance of our obligations will be extended for the duration of such an event. If our delivery to you is affected, we will arrange a new delivery date with you once the event is

 

  • if such an event continues for more than 30 days, you may cancel the affected Contract. To cancel please contact us. Details of how to contact us are set out in clause 2.3. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery

 

12.  COMMUNICATIONS BETWEEN US

 

  • Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service or

 

  • A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by email, one working day after

 

  • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the

 

  • The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal

 

13.  OTHER IMPORTANT TERMS

 

  • We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these

 

  • You may only transfer your rights or your obligations under these Terms to another person if we agree in

 

  • This Contract is between you and us. No other person shall have any rights to enforce any of its

 

  • Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and

 

  • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by

 

  • Please note that these Terms are governed by English This means a Contract for the purchase of Products any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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