These terms and conditions for sale of goods to other businesses online state the basis on which we Gecko Energy Ltd will sell goods to our business customers.
Please read them carefully, especially section 9 (liability).
We are a company incorporated and registered in England and Wales with company number 07668332 whose registered office is at Woodland View, Coxleigh Barton, Barnstaple, Devon, EX31 4JL, UK. We’re called ‘the Supplier’ in this agreement). In case you need it our VAT Number is GB115478316.
You’re called ‘the Customer’ in this agreement. You are the individual, firm, company or other organisation which places an order via the Supplier’s website www.geckoenergywholesale.co.uk (the Website) (the Order).
1. Agreed Terms
It is agreed that:
1.1. If any word, phrase or explanation used within this agreement is not clear, it will be defined and interpreted according to the definitions and interpretations set out below:
Acts, Legislation: or other similar references shall include any updates and or amendments to the same.
Charges: the charges payable by the Customer to the Supplier according to the terms of this Contract.
Customer: the individual, firm, company or other organisation stated on the Order.
Goods: the goods set out in the Order which the Supplier is to supply, according to the terms of this Contract.
Order: the order placed by the Customer on the Website.
Written: and any similar expression, includes e-mail.
1.2. It is also agreed that:
- The Customer wishes to acquire goods described in the Order (Goods) and the Supplier wishes to supply them to the Customer, on the terms and conditions set out in this agreement (Terms).
- The Supplier shall only supply Goods to the Customer on these Terms. (Terms can only be varied in writing signed by an authorised officer of the Supplier).
- The Customer should follow the instructions on the Website in order to place the Order. The Customer is responsible for ensuring that the terms of the Order are complete and accurate so please check these carefully and make any amendments to any errors as required before placing your Order.
- Any Orders placed by the Customer are offers for the purchase of the Goods on the basis of these Terms.
- The Customer should print or save a copy of the Terms to the Customer’s computer or server in order that the Customer can refer to them again in the future.
- On receipt of an Order from the Customer, the Supplier will issue an acknowledgement of the Order so that the Customer knows that the Order has been received but this does not constitute acceptance of the Order.
- The Supplier will confirm acceptance of an Order in writing, at which point the Supplier’s contract with the Customer for the supply of the Goods in that Order shall come into existence.
- If the Supplier cannot accept the Order, it will confirm this in writing to the Customer and the Order will not be processed any further. If the Supplier has already received payment from the Customer, it will promptly refund the Customer.
- The Supplier’s contract with the Customer for the supply of the Goods comprises the Order, these Terms and anything else the Supplier expressly agrees in writing (Contract).
- Any descriptions of the Goods contained on the Website are only for illustrative purposes and do not form part of the Contract
- The Supplier may amend any specification for Goods as required by law, or to comply with any relevant regulatory obligations.
- Separate terms and conditions apply to the use of the Website. Those terms and conditions can be found here: www.geckoenergywholesale.co.uk/website-terms-use.
- The Contract is made in the English language only.
- The Supplier’s contact details are as follows:
- Email Address; firstname.lastname@example.org
- Postal Address: Woodland View, Coxleigh Barton, Barnstaple, EX31 4JL, UK
- Telephone Number: 01271 850280
2.1. The Customer will pay the Charges for Goods set out on the Website when the Customer placed its Order (but subject to section 2.5 in the case of an error in pricing on the Website).
2.2. Where the Goods are to be delivered to the Customer, the Charges for Goods do not include carriage, insurance or packaging and the Supplier shall be entitled to recover from the Customer all reasonable expenses incurred by it in delivering the Goods to the Customer. The Supplier will inform the Customer on the Website of such expenses before the Customer places the Order.
2.3. The Supplier may charge amounts in addition to the Charges if the Customer requests any change to the Goods after the commencement of the Contract, if the Customer fails promptly to provide any instructions required by the Supplier for the supply of the Goods, or for any reason which is due to any other act or omission of the Customer.
2.4. Unless otherwise stated the Charges will be exclusive of VAT which the Customer shall be liable to pay to the Supplier in addition to the Charges.
2.5. The Supplier makes all reasonable efforts to ensure that it does not make errors with the prices that the Supplier charges the Customer. For example, before the Supplier accepts the Order, the Supplier usually tries to check the price against its price list in force at the time of the Order. However, if an error has been made and the price in the price list is lower than the price in the Order, then the Supplier will charge the Customer the price on the price list (being the lower amount) or the Supplier will provide a refund in respect of such amount if the Customer has already made payment. If an error has been made and the price in the price list is higher than the price in the Order, the Supplier will contact the Customer to confirm how the Customer would like to proceed and whether the Customer would like to proceed at the higher price or whether the Customer wishes to cancel the Order (in which case the Supplier will promptly refund any payments already made by the Customer).
3. Invoicing and Payment
3.1. The Customer will pay the Charges for Goods and other expenses in advance via the Website at the time it places its Order. The Website accepts the following credit and debit cards Maestro, Mastercard, Visa, American Express, as well as Apple Pay and Paypal.
3.2. Payment shall be treated as made once the Supplier receives cleared funds.
3.3. Time for payment of the Charges shall be ‘of the essence’.
3.4. All payments must be made by the Customer without any deduction or set-off.
4. Delivery of Goods
4.1. Any dates quoted for delivery of Goods are approximate only and time for delivery of the Goods shall not be of the essence.
4.2. The Supplier will deliver the Goods to the premises identified by the Customer in the Order, or to another location agreed in writing between the Supplier and Customer, unless the Customer has requested to collect the Goods. If the Customer has requested to collect the goods, the Customer shall collect them within seven days of the Supplier notifying the Customer that the Goods are ready for collection.
4.3. If the Customer does not accept delivery of the Goods, or does not collect the Goods within seven days of the Supplier notifying the Customer that the Goods are ready for collection, then (without in any way compromising any other rights or remedies available to the Supplier), the Supplier may
- store the Goods until delivery of the Goods occurs and
- invoice the Customer for the costs and expenses of storage, insurance and other associated costs.
4.4. If the delivery or collection of the Goods has not occurred within 20 days, the Supplier is entitled to sell the Goods to someone else. If this sale leaves the Supplier with less than the amount it would have been paid by the Customer for these Goods, the Supplier can charge the Customer for the difference or may deduct this from any refund due to the Customer.
4.5. The Supplier may deliver the Goods by instalments. Each instalment shall be deemed to be a separate contract and any failure or delay by the Supplier to deliver any one instalment shall not entitle the Customer to terminate the Contract in relation to other instalments.
4.6. If the Supplier fails to deliver the Goods, or an instalment of Goods, then the Supplier’s liability to the Customer shall be limited to an amount equivalent to the excess price (above the amount of the Charges for Goods) that the Customer has to pay for similar goods (at the cheapest market rate) to replace those undelivered Goods.
4.7. Notwithstanding section 4.6 above, the Supplier will not be liable to the Customer where non-delivery of the Goods is due to a reason beyond the Supplier’s reasonable control, or to a default by the Customer (for which the Supplier shall have no liability).
5. Responsibility for Goods
5.1. For goods that are delivered to the premises identified in the Order (or any other location agreed between the Supplier and Customer in writing), the responsibility for and risk in the Goods passes to the Customer:
- at the time of delivery of the Goods to those premises, or
- if the Customer fails to accept the Goods, then delivery (and the responsibility for and risk in the Goods passed to the Customer) will be at the time when the Supplier attempted to deliver the Goods to the Customer.
5.2. Where Goods are collected by the Customer, the responsibility for and risk in the Goods passes to the Customer at the time when the Supplier notifies the Customer that the Goods are ready for collection.
6. Ownership of Goods
6.1. Ownership of the Goods shall pass to the Customer on receipt by the Supplier of full and cleared payment of the Charges.
6.2. Subject to section 6.5, ownership of the Goods does not pass to the Customer until the Supplier has received full and cleared payment of the Charges for the Goods (and for any other goods under any other contract between the Supplier and the Customer for which payment for such goods has become due).
6.3. Until ownership of the Goods passes to the Customer, the Customer will:
- keep and store the Goods separately from any goods belonging to any other person or company;
- ensure that the Goods remain readily identifiable as belonging to the Supplier. The Customer shall not do anything which may obscure or deface any markings indicating that the Goods belong to the Supplier;
- store and keep the Goods in good condition; and
- insure the Goods from the time at which risk in the Goods passes to the Customer.
6.4. If the Customer’s business fails, or is likely to fail, the Customer will immediately notify the Supplier and any right of resale of Goods under the Contract shall terminate immediately. (The Customer’s business will be treated for this purpose as having failed if it meets any of the termination conditions identified in section 10.2.)
6.5. Subject to section 6.4, until the time when ownership of the Goods passes to the Customer, the Customer may use or resell the Goods only in its ordinary course of business. If it does resell the Goods in its ordinary course of business, ownership of such Goods shall pass to the Customer immediately before such resale.
6.6. Until the time when ownership of the Goods passes to the Customer, the Supplier may require the Customer to deliver up all the Goods to the Supplier and if the Customer fails to do so, the Supplier shall have the right to enter the premises at which the Goods are located and retake possession of such Goods.
7. Warranties relating to Goods
7.1. The specification for the Goods can be found on the Website.
7.2. Subject to the remaining provisions of this section 7, the Supplier warrants that the Goods will correspond in all material respects with the specification of the Goods, that the Goods will be of satisfactory quality and that they will be free from defects in material and workmanship on delivery and for the duration of the manufacturer’s warranty.
7.3. The Supplier shall not be liable under the warranty in section 7.2 if:
- any use is made of the Goods after the Customer has provided the Supplier with notice that the Goods do not meet the warranty (see section 7.4);
- any defect(s) in the Goods are due to fair wear and tear, wilful damage, abnormal working conditions, the Customer’s negligence, failure by the Customer to follow any instructions in respect of the Goods, failure by the Customer to follow good practice in respect of the Goods or any misuse of the Goods; and
- any repair or alteration to the Goods has been made without the prior written approval of the Supplier.
7.4. If the Customer considers that any of the Goods do not meet the warranty in section 7.2, then the Customer will promptly provide written notice to the Supplier and will allow the Supplier, at the Supplier’s request, to examine those Goods. The Customer will promptly return these Goods to the Supplier at the Supplier’s cost if requested by the Supplier.
- the Customer has a legitimate claim in respect of Goods not complying with the warranty in section 7.2
- none of the factors listed in section 7.3 apply, and
- the Customer has complied with section 7.4,
the Supplier may, at its option, repair or replace the relevant Goods, or provide a refund to the Customer in respect of such Goods. Once it has done so, the Supplier shall have no further liability to the Customer for those Goods.
7.6. Except as provided in this Contract, all other warranties or conditions implied by statute or by common law are excluded to the maximum extent allowed by law.
8. Obligations of Customer
8.1. The Customer will:
- ensure that the Order and any other information which the Customer supplies to the Supplier are complete and accurate
- promptly provide the Supplier with such information as the Supplier requires in order to supply the Goods, and
- comply with all applicable laws and relevant regulatory obligations
8.2. If the Supplier is delayed or unable to fulfil any of its obligations under the Contract due to any act or omission of the Customer (Customer Failure), then the Supplier may rely on such Customer Failure to relieve it from its obligations under the Contract.
8.3. To the extent that the delay or inability at section 8.2 is due to the Customer Failure, then without limiting or otherwise compromising any other rights or remedies available to it, the Supplier:
- may suspend the supply of Goods until the Customer makes good the Customer Failure;
- shall not be liable for any losses, costs or expenses which the Customer suffers or incurs because of any delay or suspension which is attributable to the Customer’s Failure; and
- may request immediate payment by the Customer of any losses, costs or expenses which the Supplier suffers or incurs because of the Customer Failure.
8.4. Any right of suspension under this section is additional to any rights available to the Supplier under the law of any relevant jurisdiction.
9.1. Subject to section 9.3, the Supplier is not liable to the Customer for any indirect or consequential loss, any loss of profits or any loss of business, whether arising from tort, breach of contract, indemnity or otherwise under or in connection with the Contract.
9.2. Subject to section 9.3, the Supplier’s liability in respect of all claims, losses or damages of whatever nature, whether arising from tort, breach of contract, indemnity or otherwise, under or relating to, the Contract, shall not exceed the aggregate of the Charges paid by the Customer to the Supplier under the Contract.
9.3. Nothing in the Contract shall exclude or limit either party’s liability for any death or personal injury caused by negligence or for any other liability which cannot be excluded or limited by law.
10.1. Either party may terminate the Contract, without liability to the other party, if that other party’s business fails.
10.2. The other party’s business will be treated for this purpose as having failed if:
- the other party is or appears to be unable to pay its debts as they fall due
- the other party makes any voluntary arrangement with that other party’s creditors
- (being an individual or firm) the other party becomes bankrupt
- (being a company) the other party becomes subject to an administration order or goes into liquidation
- any third party takes possession of, or enforces rights over, any of other party’s property or assets under any form of security;
- the other party stops or threatens to stop carrying on business;
- the other party suffers any process equivalent to any of these, in any jurisdiction; or
- the terminating party reasonably believes that any of the events mentioned above are about to occur and the terminating party notifies the other party accordingly.
10.3. Without compromising any other rights or remedies available to it, the Supplier may terminate the Contract without any liability to the Customer if:
- the Customer fails to pay any amount under the Contract when due; or
- the Customer commits a material breach of the Contract and fails to rectify the breach within 5 working days.
10.4. Upon termination of the Contract, however caused, and without compromising any other rights or remedies available to the Supplier, the Customer shall pay to the Supplier on demand:
- all Charges and other sums due but unpaid at the date of such demand;
- any Charges under any invoice which the Supplier raises after termination, relating to any Goods which have been supplied prior to termination, but for which the Supplier had not yet raised an invoice before termination; and
- any costs and expenses incurred by the Customer in recovering the Goods and/or in collecting any sums due under the Contract (including any storage, insurance, repair, transport, legal and remarketing costs).
10.5. Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
10.6. Any term of the Contract which is specifically stated to continue or which, by its very nature, is intended to continue after termination of the Contract, shall continue to bind the parties following termination or expiry of the Contract.
11. Events beyond the reasonable control of the Supplier (‘Force majeure’)
11.1. The Supplier shall not be liable to the Customer for any failure or delay in performing any of its obligations to the extent that such failure or delay is caused by an event beyond its reasonable control.
11.2. The parties agree that these causes shall include (but are not limited to) acts, events, omissions or accidents beyond the reasonably control of one or both of them, such as:
- strikes, lock-outs or other industrial action
- terrorism, civil commotion, riot, invasion, war threat or preparation for war
- fire, explosion, storm, flood, earthquake, subsidence, epidemic, severe weather or other natural physical disaster
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport and
- political interference with the normal operations.
12.1. The Contract represents the entire agreement between the parties in relation to the subject matter and supersedes all previous agreements, representations or understandings between the parties. The parties agree that they shall have no rights or remedies in relation to any representation or warranty that is not included in the Contract.
12.2. The Customer shall not assign, sub-contract, delegate, or otherwise transfer any of its rights or obligations under the Contract without the prior written consent of the Supplier.
12.3. If any provision of these Terms is held by a competent authority to be invalid or unenforceable, in whole or in part, the validity of the other Terms and of the remainder of the provision in question will not be affected. Every provision is severable from every other.
12.4. No single or partial exercise or failure or delay in exercising any right, power or remedy by a party under the Contract, howsoever arising, shall operate as a waiver by that party of, or impair or preclude any further exercise of that right, power of remedy. To be valid and effective, any waiver must be in writing.
12.5. Unless otherwise expressly stated, nothing in the Contract will create or confer any rights or other benefits pursuant to the Contracts (Rights of third Parties) Act 1999 in favour of any person other than a party to the Contract.
12.6. Any written notice under these Terms will be deemed to have been sufficiently served if posted by pre-paid official post, couriered, faxed on receipt of successful answerback, or if sent by e-mail (but in this case only on evidence of successful transmission and only if the parties have regularly communicated on contract matters by e-mail).
12.7. The Contract will be governed by the law of England, and the parties submit to the exclusive jurisdiction of the English courts.
Gecko Energy Ltd – registered in England & Wales 07668332 – VAT 115478316 Woodland View, Coxleigh Barton, Barnstaple, EX31 4JL www.geckoenergy.co.uk – email@example.com – 01271850280
1. Who are we and our contact details
1.1. We are Gecko Energy Ltd. We’re a company registered in England and Wales with company number 07668332 whose registered address is at Woodland View, Coxleigh Barton, Barnstaple, Devon, EX31 4JL, UK.
1.2. You can get hold of us in any of the following ways:
- by telephoning us on 01271 850280;
- by emailing us at firstname.lastname@example.org; or
- by writing to us at Woodland View, Coxleigh Barton, Barnstaple, Devon, EX31 4JL, UK.
1.3. In case you need it, our VAT number is GB115478316.
2. What do these terms do and why are they important?
Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including
- how we will provide you with the goods and/or services that you have ordered
- our payment terms and delivery times
- the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
- what you should do if there is a fault with the goods and/or services that we have provided to you, and
- how we will use your personal details
as well as other matters.
2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
2.2. Separate terms and conditions apply to the use of our website. You can find those terms and conditions here: www.geckoenergywholesale.co.uk/website-terms-use.
3. Your personal information
3.1. For information about how we collect and use your personal information, please see our website privacy notice, which is available here www.geckoenergywholesale.co.uk/privacy-policy.
4. Order Process and the Contract between you and us
4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods and/or services to you which we will usually communicate by email. If we tell you that we cannot provide the goods and/or services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods and/or services, and we have already received payment from you, then we will promptly refund you for any goods and/or services that we cannot provide to you.
5. About the goods
5.1. Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.
6. Changes to goods and/or services
6.1. If you would like to make a change to the goods and/or services for which you have already placed an order, please contact us as promptly as you can in writing. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
6.2. In some circumstances we may need to make minor changes to the goods and/or services that you ordered. As these are minor changes and will not affect your use of the goods and/or services we will not usually contact you about these. These minor changes are likely to be:
- because we need update the goods and/or services to implement a change in the law, or a regulatory requirement; and/or
- because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods and/or services.
6.3. It is possible that exceptionally, we may need to make a more major change to the goods and/or services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.
7. Payment details
7.1. The price of the goods and/or services will be the price set out on our website at the time when you place your order. Our prices exclude VAT at the current rate.
7.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 15.1 of these terms and conditions will apply).
7.3. Any costs for delivery of the goods and/or services and other costs associated with the goods and/or services will be the amounts that were set out to you in the order process on our website.
7.4. When you need to pay us depends on whether what we provide you with is goods or services:
- For one-off goods, you must pay for them before we deliver them to you;
- For one-off services, you must make a prepayment of 50% of the price before we begin to supply the services. You must pay the remainder of the price on completion of the services.
- For ongoing services we will set out a payment plan relative to the scale and duration of the service.
We accept payment by bank transfer, some debit and credit cards, Paypal.
7.5. If you do not pay us on time, we may charge you interest at the rate of 2% a year above the base rate of the Bank of England from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgement. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.
8. Delivery and collection of goods and supply of services
8.1. Delivery and supply times will depend on whether you have ordered goods and/or services and whether these are one-off, ongoing or subscriptions:
- For one-off goods, unless we have agreed another date with you, we will deliver them within 30 days of the date on which we accepted your order;
- For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;
- For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 15) or by us (see section 16) or until we withdraw the services (see section 17);
8.2. We will contact you if we are delayed in delivering the goods and/or services to you or if we are delayed in installing the goods because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods and/or services that you have paid for but not yet received.
8.3. If we cannot post the goods through your letterbox and/or no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 16.2 below will apply.
8.4. If you told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection. You can collect them between 9am to 5pm on weekdays. If you do not collect the goods from us within seven days of us letting you know that they are ready for collection, we will contact you about what to do next, and we may charge you for the storage costs we incur during this period. If we are still unable to arrange collection of the goods with you, then we may cancel the contract, and the consequences set out in section 16.2 will apply.
9.1. If something happens that means we must suspend the supply of the goods and/or services to you, for example:
- to make minor technical adjustments or to resolve technical issues;
- to update the goods and/or services to implement a change in law or any relevant regulatory requirement,
then we will contact you to let you know.
9.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods and/or services, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
9.3. If we are going to suspend the supply of a good or service for more than 30 days then you may contact us to cancel the contract. We will provide you with a refund for the relevant good or service for which you have made payment but have not yet received.
10. Responsibility for and ownership of goods
10.1. You will be responsible for goods from the point at which we deliver the goods to you – or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
10.2. You will only own the goods once we have received full payment for them.
11. Your obligations
11.1. We will inform you during the order process of information that we need from you in order to provide you with the goods and/or services. We will contact you to request this information.
11.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 16.2 will apply), or we may charge you for the additional costs which we incur as a result.
11.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods and/or services, or if we do not provide any part of them to you.
12. If there is a fault with the goods and/or services
12.1. We hope that you are satisfied with the goods and/or services that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.
12.2. We must provide goods and/or services to you that meet your consumer rights.
12.3. This section 12.3 provides you with a summary of your consumer rights if there is a fault with the goods or services that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
- If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods you’re entitled to the following:
- For up to 30 days if your goods are faulty, you can get an immediate refund.
- For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
- For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.
- If we have provided you with services, 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, the services must be carried out within a reasonable time.
12.4. If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.
12.5. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 14.
13. Our liability if you suffer loss or damage
13.1. If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods and/or services to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
13.2. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods and/or services (a summary of which is set out in section 12.3) or for providing you with defective items under the Consumer Protection Act 1987.
13.3. If we provide any advice to you, including in any instructions or manuals provided to you with the goods and/or services, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
13.4. We only provide goods and/or services for private and domestic use. We do not provide them for business or commercial use. If you do use the goods and/or services for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
14. Cooling-off period and your right to cancel the contract during it
14.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 15 below.
14.2. When you buy goods and/or services from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 14.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 14.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
14.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered goods and/or services. It is also subject to certain exceptions which are set out in section 14.4 below. You can calculate the cooling-off period as follows:
- For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
- For goods that are ordered together but that are delivered to you separately on different days, you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
- For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract;
- For a contract that is for goods and services, you have up to 14 days after the day you receive the goods to cancel the contract;
- For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract.
14.4. If any of the following circumstances applies to the goods and/or services that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods or services because you have changed your mind:
- if the goods have been personalised or made to your specification;
- if the goods that you have ordered are sealed audio or video recordings, or computer software and you have broken the seal on them;
- if you have combined the goods with others goods and they are inseparable;
- if the services have been completed;
- if you requested us to carry our urgent maintenance or repairs;
14.5. If you want to cancel the contract because you have changed your mind then you should let us know before the end of the cooling-off period (as calculated in accordance with section 14.3) in one of the following ways:
- contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel; or
- filling out the form, which is available at www.geckoenergywholesale.co.uk/consumer-cancellation-form and submitting it to us, or print off that form and post it to us, in either case using the details set out in section 1.
14.6. If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. If the goods are types of goods which are not suitable for return by post then you should contact us promptly to make arrangements for collection which will be at your cost. Currently our collection charge is available upon request .
14.7. If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.
14.8. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods and/or services as well as any delivery costs that you paid. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment which you used to pay us within 14 days of the day we receive the goods back from you or, if earlier within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us, then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.
14.9. We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. Therefore you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.
15. Your rights to cancel the contract
15.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 14, if any of the following circumstances apply, you have the right to cancel this contract immediately:
- we have informed you that there was an error with the price or the description of the goods and/or services when you placed the order, and you now do not wish to proceed based on the correct price or description;
- we have informed you that we need to make a major change to the goods and/or services (see section 6.3) and you do not want to proceed with the change;
- there is a significant delay in providing the goods and/or services to you, because of circumstances that are not within our control (see section 8.2);
- we have informed you that we need to suspend the supply of goods and/or services to you, for any of the reasons set out in section 9.1, for more than 30 days; or
- you have some other legal right to cancel the contract because of something we have done.
15.2. If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)) then we will provide you with a refund for any goods and/or services that you have paid for but we have not yet provided, or we may provide you with a refund for any goods and/or services which have not been properly provided to you. In certain circumstances you may also be entitled to further compensation.
15.3. If there is a fault with the goods and/or services that we have provided to you, please see section 12 of these terms and conditions.
15.4. If you are cancelling the contract for any other reason that is not set out in section 15.1 or section 14 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any goods and/or services that you have paid for but not yet received. However, we may make a reduction from the refund due to you; or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.
15.5. If you cancel the contract after we have dispatched goods, then you must return the goods to us (by returning the goods in person to the place where you bought them or posting them back to us, or if they are not suitable for posting, then you must allow us to collect them from you). If you cancel the contract because of circumstances set out in section 15.1 or because there is a fault with them (see section 12), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 14, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection which will be at your cost. Currently our collection charge is available upon request.
16. Our rights to cancel the contract
16.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
- you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 7.4);
- you do not allow us to deliver the goods to you and do not re-arrange delivery or collection of the goods (see section 8.3);
- you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 8.4);
- you do not provide us with information that we have requested from you within a reasonable time (see section 11.1);
16.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 16.1), we will provide you with a refund for any goods and/or services for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs which we incur due to having to cancel the contract.
17.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
17.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
17.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
17.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
17.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
17.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
17.7. If you are dissatisfied with how we have handled your complaint, you can contact our alternative dispute resolution provider called RECC at email@example.com and/or https://www.recc.org.uk/consumers/how-to-complain. Alternative dispute resolution allows parties who are in dispute to refer the dispute to an independent party to resolve. RECC will not charge you for referring a dispute to them. If you are not happy with the outcome that is provided, then you can still bring proceedings in court. In addition, if you are dissatisfied with how we have handled your complaint, you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Model Cancellation Form (Distance Contracts)
The wording on this form is specified by the law. You should therefore only change those parts indicated.
To Gecko Energy Ltd, Woodland View, Coxleigh Barton, Barnstaple, Devon, EX31 4JL, UK, firstname.lastname@example.org
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),
[*] Delete as appropriate
Gecko Energy Ltd – registered in England & Wales 07668332 – VAT 115478316 Woodland View, Coxleigh Barton, Barnstaple, EX31 4JL www.geckoenergy.co.uk – email@example.com – 01271850280