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Call our sales team (9am-5pm) 01481 200789

We are only able to ship to Guernsey, Channel Islands.

Standard Terms and Conditions for the Sale of Goods and Services from our Store or from our other locations or from our Website

 

THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL PRODUCTS TO YOU FROM OUR STORE OR FROM OUR OTHER LOCATIONS OR FROM OUR WEBSITE.  PLEASE READ THESE TERMS CAREFULLY.

WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSES 4, 12 AND 13 BELOW AND THE LIMITS OF OUR LIABILITY IN CLAUSE 14 BELOW.

1.           DEFINITIONS

In these Terms, when We say:-

“2001 Law” – We mean the Electricity (Guernsey) Law, 2001 (as amended) and includes any ordinances, rules, regulations, directions, decisions, conditions, industry standards or Court orders made under or applicable to the 2001 Law which is in force and upheld, and a copy of the 2001 Law is available here Electricity (Guernsey) Law, 2001 (guernseylegalresources.gg) or upon request.

 

“2023 Ordinance” – We mean the Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 and a copy of the 2023 Ordinance is available here Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (guernseylegalresources.gg)  or upon request. 

 

“Contract” – We mean these Terms and, subject to the 2023 Ordinance, any other additional information, communications, documents, terms or conditions We may refer to and agree with You, which together make up the whole legal contract between Us and You for the sale of goods and/or services from Our Store or from Our other locations or from Our Website to You. References to “Contract” also include terms that are treated as being part of the Contract by the 2023 Ordinance.

 

“Emergency” – We mean an immediate risk to life or property including a risk of or actual material damage to any property.

                  

“GCRA” – We mean the Guernsey Competition and Regulatory Authority.

 

"Guernsey" – We mean the Island of Guernsey.

 

“Licence” – We mean Our licence to generate, convey and supply electricity dated 1st February 2012 (as modified) and includes any ordinances, rules, regulations, directions, decisions, conditions, industry standards or Court orders made under or applicable to Our Licence which is in force and upheld and a copy of Our Licence is available here gel-licence-clean-5th-version.pdf (gcra.gg) or upon request.

 

“Legislation” – We mean any law, ordinance, rule, regulation, direction, decision, condition, industry standard or Court order which is in force and upheld in Guernsey.

 

“Order” – We mean an order placed by You for a Product or Products and, where the context allows, “orders”, “ordered” and “ordering” shall mean the same thing.

 

“Product” or “Products” – We mean the goods and/or services We sell to You from Our Store, or from Our other locations or from Our Website under these Terms.

 

“Purchase” – We mean Your purchase of a Product or Products and, where the context allows, “purchases”, “purchased” and “purchasing” shall mean the same thing.

 

“Store” – We mean Our retail showroom situate at Electricity House, Northside, Vale, Guernsey GY1 3AD.

 

“Terms” – We mean these standard terms and conditions on which We sell goods and/or services from Our Store or from Our other locations or from Our Website, a copy of which is available upon request.

 

“Trading Standards” – We mean the Guernsey Trading Standards Service. 

 

“We”, “Us”, “Our” – We mean Guernsey Electricity Limited, a limited company registered in Guernsey. Our company registration number is 38692 and Our registered office is at Electricity House, Northside, Vale, Guernsey GY1 3AD.

 

“Website” – We mean Our retail website at www.shop.electricity.gg. 

 

"Writing" or "Written" – We mean, where applicable, any communication sent to or from You (including any estimates, quotations, bills, invoices, statements, letters, emails, faxes but excluding text messages) and/or any document (which may include any drawings, photographs, images, graphs, readings, figures, calculations, dates and symbols) which is typed, printed, photocopied, scanned, handwritten, displayed on or downloadable from Our Website or sent to or from You or otherwise.

“You” or “Your” – We mean you, the customer under these Terms. 

 

2.           CONTACTING US AND YOU

2.1.        You can contact Us by:-

 

2.1.1.       telephoning Us on 01481 200789 between 9am and 5pm, Monday to Saturday (excluding bank and public holidays) – Your service provider usual call rates should apply;

 

2.1.2.       Writing to Us at Guernsey Electricity, Retail Department, FREEPOST GU355, Guernsey GY1 5SS;

 

2.1.3.       emailing Us at shop@electricity.gg;

 

2.1.4.       completing Our online contact form on https://shop.electricity.gg/contact; or

 

2.1.5.       visiting Our Store between 9am and 5pm, Monday to Saturday (excluding bank and public holidays).

 

2.2.        If We have to contact You or give You notice in Writing, We will do so by email or by hand or by post to the address You provide to Us in Your Order or using any other contact details We may have for You.  Should Your contact details change or require amending please notify Us immediately.

 

3.           THESE TERMS AND OUR CONTRACT WITH YOU

3.1.        If You Order a Product or Products on behalf of a company, organisation or other entity, then (i) You (as defined under clause [1] above) means You and that company, organisation or other entity and (ii) You represent and warrant that You are authorised to bind the company, organisation or other entity to the Contract and that You agree to the Contract on behalf of Yourself and the company, organisation or other entity.

 

3.2.        These Terms only apply to the sale of goods and/or services from Our Store or from Our other locations or from Our Website.  These Terms tell You the basis upon which We may sell Products to You; how You pay for those Products; who is legally responsible for what; how You and We may end the Contract and other important information.  It is therefore really important that You read these Terms carefully and ask Us any questions You may have before You place an Order or make a Purchase.  Subject to clause 3.5 below, by submitting an Order for and/or purchasing any Product, You are indicating Your acceptance of these Terms and the Contract and You agree to be bound by these Terms and the Contract.  If You do not accept these Terms and the Contract, You will not be able to Order or Purchase any Products from Us.

 

3.3.        We have a legal duty to sell Products that are in conformity with the Contract.  Each Order You place and each Purchase You make is subject to these Terms and any other additional terms and conditions of the Contract We agree with You about Your Order or Purchase.  We will sell Products to You subject to and in accordance with:-

 

3.3.1.       these Terms and any other additional terms and conditions of the Contract We agree with You;

 

3.3.2.       the 2023 Ordinance, the 2001 Law and any other applicable Legislation; and

 

3.3.3.       the conditions of Our Licence.  

 

3.4.        These Terms replace Our previous standard terms and conditions for the sale of goods and services from Our Store or from Our other locations or from Our Website.

 

3.5.        We will show the most up-to-date version of these Terms on Our Website.  If You don't have access to the internet, please contact Us and We will send You the latest versions of the information You require.

 

3.6.        Any other goods, services, products, discounts, vouchers, gift cards, special offers, promotions, competitions and initiatives We may provide or offer You shall, unless stated otherwise, be governed by the relevant express and implied terms and conditions separate to these Terms.

 

4.           YOUR RIGHT TO CANCEL

4.1.        You can change Your mind and cancel the Contract within 14 days of either the date of Your Purchase of the Product or Products in-Store or from one of Our other locations or, if You require the Product or Products to be delivered, of the date of delivery of the Product or Products (the “Cooling Off Period”) without giving any reason subject to certain exclusions set out at clauses 12.8, 12.9 and 12.10 below.

 

4.2.        The Cooling Off Period will expire 14 days from the day on which You acquire, or a third party identified by You (but not any carrier that We use to deliver a Product to You) acquires, physical possession of the Product or Products (except that where the Product is a service, the Cooling Off Period will expire 14 days from the day on which You enter into the Contract).  You may cancel the Contract in respect of all Products acquired or in respect of certain Products only.  Where You buy multiple Products under the Contract or a Product is acquired in separate parts, lots or pieces, the Cooling Off Period will expire 14 days from the day on which You acquire, or a third party identified by You (other than any carrier that We use to deliver a Product to You) acquires, physical possession of the last Product, part, lot or piece being sold under the Contract.

 

4.3.        To exercise the right to cancel, You must inform Us of Your decision to cancel the Contract by either:-

 

4.3.1.       telephoning Us on 01481 200789 between 9am and 5pm, Monday to Saturday (excluding bank and public holidays) or by Writing to Us at Guernsey Electricity, Retail Department, FREEPOST GU355, Guernsey GY1 5SS or by emailing Us at shop@electricity.gg or by completing Our online contact form on https://shop.electricity.gg/contact; or

 

4.3.2.       returning Your Product or Products to Our Store in its original condition in accordance with clause 4.9 below between 9am and 5pm, Monday to Saturday (excluding bank and public holidays); or

 

4.3.3.       You may use the attached model cancellation form and email it to Us at shop@electricity.gg, but it is not obligatory;

 

and, in each case, You must make a clear statement (e.g. a letter sent by post or an email) and also provide Your receipt, Order confirmation or sales invoice and Your original payment method.  

 

4.4.        To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the Cooling Off Period has expired.

 

4.5.        We will send You an acknowledgement of receipt of Your notice to cancel.

 

4.6.        If You purchased the Product or Products through a loan facility, then any refund will depend upon the terms and conditions of that loan facility and You will also need to provide Your copy of the loan facility.  You will be responsible for interest and charges levied by the lender in relation to that loan facility.  

 

4.7.        If You can’t return the Product or Products to Us, You must contact Us using the contact details at clause 4.3.1 above to discuss Your options.  This may include arranging a collection from Your property or Your alternative chosen delivery location which may incur a collection charge which We will agree with You in advance of any collection.

 

4.8.        In relation to a Product or Products delivered to You, You may need to take delivery of the Product or Products before You can cancel Your Order if the Product or Products are placed into Our delivery process before We receive Your notice of cancellation.  This does not affect Your rights under this clause 4 or under clauses 12 and 13 below. You shall return the Product or Products to Us, without undue delay and in any event not later than 14 days from the day on which You communicate Your cancellation of the Contract to Us. The deadline is met if You return the Product or Products before the period of 14 days has expired and provided that You have also returned the Product or Products in accordance with clause 4.9 below by this deadline.  You will have to bear the direct cost of returning the Product or Products.

 

4.9.        To be eligible for a refund, the Product or Products will need to be returned complete with any box, packaging, instructions, accessories and any other items that were included with the original Purchase.  The Product or Products will need to be in a saleable condition.  If a Product is returned in a condition that is not saleable or is missing certain items then We will charge You a restocking fee.

 

4.10.      Subject to clauses 4.6 and 4.9 above and 4.13 below, We will refund You in full without undue delay, and not later than 14 days after the day We receive back from You any Products.  Where You are in possession of the Product or Products (or they have been dispatched to You or to Your alternative chosen delivery location), We may withhold all or any part of a refund until We have received the Product or Products back in their original condition and in accordance with clause 4.9 above.  

 

4.11.      If there were no Products delivered, We will refund You in full not later than 14 days after the day on which We are informed about Your decision to cancel the Contract.

 

4.12.      Our refund to You will include the costs of the delivery of the Product or Products to You (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by Us).

 

4.13.      We reserve the right to make a deduction from the amount of any refund for loss in value of the Product or Products returned where the Product or Products show signs of unreasonable use.  For these purposes, unreasonable use includes handling the Product or Products beyond what is necessary to establish the nature, characteristics and functioning of the Product or Products, and in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop.  

 

4.14.      If You paid for Your Order using a credit/direct debit card, We will refund You on the credit/direct debit card used to pay for the Order.  If You paid for Your Order by cheque, We will provide You with a cheque for the amount of the refund.  If You paid for Your Order in cash, We will refund You in cash or, at Our discretion, by cheque.  If You paid for Your Order using an online payment service, We will refund You on the account or using the online payment method You used to pay for Your Order, unless We agree otherwise with You. We will not charge any fees as a result of the reimbursement.

 

4.15.      Cancelling the Contract under this clause 4 will not affect any rights and responsibilities You or We had before the Contract was cancelled.  This includes the right to take any necessary legal action or seek any other remedy including a right of set-off against You or Us.

 

4.16.      If You want to obtain further advice about Your right to cancel, You can contact Trading Standards by telephoning 01481 220379 or emailing TS.Mailbox@gov.gg or writing to Trading Standards at PO Box 459, Raymond Falla House, Longue Rue, St Martins, Guernsey GY4 6AF.  Trading Standards is a statutory body with legal powers under the 2023 Ordinance.

 

4.17.      If You don’t cancel the Contract under this clause 4, You can end the Contract under clauses 12 and 13 below but in the meantime, the Contract will continue and You will be responsible for paying for the Product or Products and all Our other charges as may be applicable.

 

5.           OUR CUSTOMERS

5.1.        You are encouraged to tell Us when You place Your Order and make Your Purchase or at any point during the Contract whether You have any additional requirements so that We can, where reasonable, appropriate and practicable, adapt the Product or Products, these Terms or any other additional terms or conditions of the Contract with You as necessary to better suit your circumstances.

 

5.2.        If You have any additional requirements then, where reasonable, appropriate and practicable, We can provide You with special controls and adaptors for electrical appliances.  You can contact Us either on 01481 200789 or email Us at shop@electricity.gg or the Guernsey Disability Alliance at First Floor (West), Island House, La Grande Rue, St. Martins, Guernsey GY4 6RU or on 07781 467316 or at info@disabilityalliance.org.gg for more information.

 

5.3.        Whilst We will endeavour to provide other additional services in connection with Our sale of Products free of charge, this may not always be guaranteed.  If a charge has to be made, You will be informed of any charges in advance so You can make an informed decision as to whether to incur that charge.

 

5.4.        Further advice and guidance for Our customers can be found on Our corporate website (www.electricity.gg) using the following link Help | Guernsey Electricity or We can provide this to You upon Your request.

 

6.           THE ORDER PROCESS

6.1.        You can Order a Product or Products in Our Store between 9am and 5pm, Monday to Saturday (excluding bank and public holidays), by telephone on 01481 200789 during Our Store’s opening hours, through Our Website, or using such other means as We may permit from time to time including from Our other locations.

 

6.2.        If You make an Order:- 

 

6.2.1             through Our Website, You will have an opportunity to check and correct any input errors in Your Order up 

until the point at which You submit Your Order by clicking the confirm order and pay (or similar) button on the check out page of Our Website.  Please carefully check Your Order at each stage of the Order process.  Once You have clicked to confirm Your Order and payment, You will need to pay for the Product or Products You have ordered via the Website; 

 

6.2.2             by telephone, We will confirm the details of Your Order on the telephone and by email.  You will need to pay 

for the Product or Products once You have confirmed the Order details are correct; or

 

6.2.3             in-Store, You will have an opportunity to check and correct Your Order while at Our Store or if You have 

made an Order at one of Our other locations, at that location. You will need to pay for the Product or Products 

once You have confirmed the Order details are correct. 

 

6.3.        Your Order is an offer to Purchase from Us.  When You place an Order with Us (or otherwise offer to make a Purchase from Us), You do so in accordance with the terms and conditions of the Contract, subject to Our acceptance of Your Order (or offer to make a Purchase).  If You place an Order via Our Website (or where We have otherwise stated that We will), We will send You an email acknowledging receipt of Your Order, together with Your Order number and details of the Product or Products You have ordered and the cost.  Please check this carefully and advise Us immediately should there be any errors.  If You do not receive this within a short time then please contact Us to verify Your Order and that Your email address that We have for You is correct.  Please note this email is an acknowledgement and is not an acceptance of Your Order.

 

6.4         Unless We have notified You that We do not accept Your Order (or offer to make a Purchase) or You have cancelled it 

     in accordance with clause 4 above, We accept Your Order (or offer to make a Purchase) as follows:-

 

6.4.1             subject to clauses 6.4.2 and 6.4.3 below, where You place an Order via Our Website, We accept Your Order when the Product or Products are despatched to You or to Your alternative chosen delivery location or at the point the Product or Products are collected by You in Our Store (as the case may be);

 

6.4.2             where You place an Order in Our Store or at one of Our other locations, We accept Your Order when We 

provide You with a sales advice confirming that the Order has been placed and processed; and

 

6.4.3             when You place an Order by telephone, We accept Your Order when We confirm that the Order has been 

placed and processed. 

 

6.5         We may choose not to accept Your Order (or offer to make a Purchase) for any reason and We will not be liable to You or to anyone else in those circumstances.  If We do not accept Your Order (whether in whole or in part) We will refund any monies paid in connection with that Order (or that part of the Order that We do not accept) within 14 days.

 

6.6         The Contract is formed when We accept Your Order (or offer to make a Purchase).  The processing of Your payment and acknowledgement of receipt of Your Order (whether by email, telephone or otherwise) does not constitute legal acceptance of Your Order.

 

6.7         The ongoing availability of Products cannot be guaranteed.  Adding a Product to Your shopping basket on Our Website does not reserve stock of that Product until payment is made and the transaction is completed.

 

7            BUYING FROM US

7.1         We may stock certain Products that can only be ordered and purchased if You satisfy the legal age requirement for that 

Product which can be found in the relevant Product description. We are not allowed by law to supply these Products to You if You do not satisfy these age requirements.  If You are underage please do not attempt to Order or Purchase these Products.  By ordering and/or purchasing Products You agree that You satisfy the legal age requirements for those Products.  We reserve the right not to supply any age restricted Products where We reasonably believe that You are below the relevant legal age for those Products.

 

7.2         We are under a legal duty to supply Products that are in conformity with the Contract.  We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of the Products (and their packaging) in the images that appear on Our Website and in advertising, catalogues and other media.  Your Products (and their packaging) may vary slightly from those images. 

 

7.3         Natural Products may show some colour variation.  To the extent permitted by law, We accept no liability associated with such variations.

 

7.4         If the Product that You are purchasing is the Product which is on display in Our Store on in one of Our other locations, it is important to check this for any signs of obvious damage or defect.  If there is some minor damage We may offer to reduce the price of this Product.  Should You choose to accept the Product at the reduced price, You will be deemed to have accepted the Product as seen including the specific damage or defect that has been indicated to You.  Your rights to further claim under clauses 12 or 13 below will be limited in respect of the specific damage or defect already recognised, however  Your rights will remain unaffected regarding any other damage or defect not recognised prior to You agreeing to Purchase the Product.

 

7.5         If Your Order includes Products that are ordered according to measurements You provide Us, please ensure these measurements are correct and accurate as Your right of return as set out in clause 12 below will not be available unless the Products are faulty, defective, damaged or incorrectly delivered.

 

7.6         We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on Our Website, in-Store and in Our other locations are accurate.  However, this information is provided to Us either directly or indirectly by manufacturers, suppliers or their agents and due to continual manufacturer product development, the information provided to Us may change without notice.  Whilst We take reasonable care to monitor this data, these feeds are outside of Our control.  We will however endeavour to rectify any inaccurate information promptly.    Please note that Product dimensions may not include protruding features such as controls and handles, etc.  If in any doubt, please contact Us directly before confirming Your Order.

 

8            PRICE, DELIVERY CHARGES AND AVAILABILITY

8.1         Products purchased in Our Store or on Our Website or over the telephone can be collected from Our Store.  If You made Your Purchase at one of Our other locations, then that is where You can collect Your purchased Product or Products.

 

8.2         Prices for Products exclude delivery charges unless expressly stated otherwise.  If You would like a Product or Products delivered, We can arrange this for You with Our selected retail delivery partner.  We will keep Your Product or Products in Our warehouse until they are able to be delivered for up to a maximum of one month.  If You are not able to take delivery of Your Product or Products within one month of Your Purchase, then You will need to make alternative arrangements for its storage which will be at Your own cost.  Any Products that are stored in Our warehouse for more than one month will be subject to a weekly storage charge which will be advised to You at the time and is also published on Our Website.  Products can only be delivered to addresses in the Bailiwick of Guernsey.  Delivery charges vary depending on the Product or Products You purchased, the delivery address and the delivery method You select and You will be responsible for any costs incurred including carriage or storage.  Further details about deliveries and delivery charges can be found on Our Website at Delivery Information (electricity.gg). 

 

8.3         We are not liable for the delivery of Products in any way including the safe and acceptable delivery fulfilment.  This is the responsibility of Our selected retail delivery partner.  You must notify Our selected retail delivery partner of any fault, defect or damage You may suffer as a result of the delivery.  We reserve the right to bring a claim against Our selected retail delivery partner for any loss or damage We suffer as a result of the delivery.  Any repair or replacement of a Product or Products or price reduction or refund will be subject to any claim We or You may have against Our selected retail delivery partner and the terms and conditions of any guarantee or household insurance policy You may have.  You should note that the delivery of a Product or Products may impair or damage its operation and may affect Your cover under the manufacturer warranty or household insurance policy.  We would not be liable under these circumstances.   

 

8.4         We may update prices at any time.  Despite Our best efforts, if a Product is displayed, either in-Store, at one of Our other locations or on Our Website with an incorrect price, We will not be obliged to sell the Product at the incorrect price or at all.  We will (at Our discretion) either cancel Your Order and refund the price You have paid within 14 days or endeavour to contact You and ask You whether You wish to continue with the Order at the correct price.  If We are unable to contact You or You do not wish to continue with the Order at the correct price, We will cancel Your Order and refund the price You have paid within 14 days. 

 

8.5         From time to time, We may apply discounts, special offers or promotional prices to Products, including Website or in-Store only prices.  These prices will only apply in the context in which the discount, special offer or promotion is given and are subject to the terms and conditions of that discount, special offer or promotion.  Details of any discounts, special offers or promotions will be available on Our Website and/or in Our Store and/or at Our other locations.  To take advantage of discounts, special offers or promotional prices, You must quote the relevant discount, special offer or promotional code when You Order (where applicable).  We may update discounts, special offers or promotions at any time without notice.

 

8.6         From time to time, We may also feature some promotions from suppliers.  These will clearly be indicated as a promotion from a specific supplier and will additionally be subject to the terms and conditions as published for that promotion.  If You Purchase a Product which is connected with a supplier promotion and requires a claim, either to the supplier or their nominated third party, it is expressly Your responsibility to ensure that You submit Your claim in accordance with such terms and conditions.  We will not be liable for any claims that are not correctly made or that are rejected by the supplier or their nominated representative due to the claim not meeting their terms and conditions.

 

8.7         For the avoidance of any doubt, save as otherwise provided for in these Terms, these Terms shall apply to any Order or Purchase made on a discount, special offer or promotion.   

 

8.8         Where We provide a quote to You, it will be subject to the terms and conditions applicable to that quote.

 

8.9         All Products are subject to availability.  If You Order a Product or Products which are not available from stock, We will take reasonable steps to contact You to discuss how You wish to proceed.  Availability is subject to the availability of the Product or Products from the supplier and carriage to Guernsey which will be outside of Our control.  Whilst We will make every effort to ensure that You are informed of any delays, We cannot be held responsible for delays in Our receipt of the Product or Products and it being available for You.  Once Your Product or Products arrive into stock, We will contact You at Our earliest opportunity and You can confirm to Us whether You will be collecting from Our Store or whether You would like Your Product or Products delivered.  If You would like delivery then clauses 8.2 and 8.3 above shall apply.  If the Product or Products are unlikely to be restocked (or We are unable to contact You), We will cancel Your Order and refund the amount You have paid within 14 days.

 

8.10       We are pleased to assist You in choosing the Product that You require.  If it is a Product that We do not usually stock, it will be treated as a special Order.  Special Orders can only be placed in-Store.  We are not able to accept a special Order through Our Website, by telephone, email or by any other means.  Before confirming Your special Order, it is Your responsibility to check that the specifications of the Product that You are ordering meets Your requirements and expectations.  Please note that clause 4 above will not apply to special Orders.  In the event that You wish to cancel a special Order, there may only be a limited refund available to You. 

 

9            PAYMENT

9.1         The total cost of Your Order and/or Purchase is the price of the Product or Products and any applicable delivery and service charges.

 

9.2         We must receive payment in advance before Your Order and/or Purchase can be processed, unless We have agreed otherwise in advance in Writing.  If applicable, a deposit may be required if a Product or Products are not in stock at the time of Your Order.  You may be eligible for a loan facility provided by a third party to enable You to Purchase a Product or Products, further details of which can be provided to You upon request.  Any loan facility is an agreement between You and the loan company and You will be subject to their own terms and conditions in addition to the terms and conditions of the Contract including these Terms.   

 

9.3         Payment can be made by cash, cheque, most major credit or direct debit cards and by other online payment methods in accordance with the payment methods section of Our Website.

 

9.4         If You use a credit/direct debit card to pay for Your Order, You must use Your credit/direct debit card or a credit/direct debit card that You are otherwise authorised to use.  All credit/direct debit card holders are subject to validation checks by third parties and authorisation by the card issuer.  If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, We will not accept Your Order and We will not be liable for any delay or non-delivery and We are not obliged to inform You of the reason for the refusal.

 

9.5         We are not responsible for the card issuer or bank charging the cardholder as a result of Our processing of the credit/direct debit card payment in accordance with Your Order.

 

9.6         Where You are a business, You are responsible for all orders placed by Your authorised employees on Your behalf.

 

10          YOUR RESPONSIBILITIES AND OBLIGATIONS

10.1       This clause 10 applies in addition to any other responsibilities or obligations You have accepted under these 

Terms or under any other additional terms or conditions of the Contract We agree with You.

 

10.2       You agree to:-

 

10.2.1           comply with these Terms and any other additional terms or conditions of the Contract We agree with You;

 

10.2.2           comply with the 2023 Ordinance, the 2001 Law or any other Legislation which is applicable to You; and

 

10.2.3           ensure that all of the information provided to Us in connection with the Contract is true and accurate.

 

11          GETTING YOUR PRODUCTS 

11.1       If You Order a Product or Products for delivery then the terms and conditions that apply to that delivery will depend upon the Product or Products that You Order, their availability, the delivery address and the delivery method You select.

 

11.2       Subject to availability and any other delivery terms and conditions We may agree with You, where We have arranged to deliver the Product or Products, We will use reasonable endeavours to do so on any specified date We agree, or if no date is specified, within 30 days of the date of Your Order.  In addition to clauses 14.4 and 14.5 below, in the case of circumstances beyond Our reasonable control (including but not limited to adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond Our reasonable control) delivery of the Product or Products may not be guaranteed within these timescales and We will not be liable for any delay or failure to deliver the Product or Products if the delay or failure is wholly or partly caused by such circumstances.  We will contact You as soon as reasonably practicable to let you know if any circumstances under this clause 11.2 occurs.  In the event that a delivery does not take place, We and You will agree an alternative delivery date.

 

11.3       We are unable to confirm the time of Your delivery as this will be subject to other customer deliveries booked for the same day.  Although We will record any requests You may have regarding the time of day to deliver, neither We nor Our selected retail delivery partners can guarantee anticipated delivery times.

 

11.4       You must do all that You reasonably can to enable the delivery to take place on the given date as arranged with Us.  If the Product or Products cannot be delivered as a result of Your action or inaction (for example, You are not present at Your property), We will need to arrange an alternative delivery date and an additional charge will need to be made to cover the re-delivery.

 

11.5       Prior to requesting delivery of Your Product or Products, it is Your responsibility to check that it will fit into Your property and can be safely and securely transported from the delivery vehicle to the room in which it is required.  Please bear in mind that many Products are large and may be heavy so it is essential that the delivery team can undertake the delivery safely, without any risk to the Product, themselves, You or Your property.  A charge will be made for any Products that were unable to be delivered due to the lack of safe or suitable access.

 

11.6       Unless otherwise agreed with You, all deliveries will be made direct to the address given to Us as part of the Order process.  You must therefore make Your own arrangements at Your own risk if the relevant Product needs to be transported from the delivery location.  

 

11.7       We will not arrange any unpacking and/or removal services unless otherwise agreed by Us.  If We do agree to arrange to unpack the Product or Products and/or remove any pre-existing goods from Your property or Your alternative chosen delivery location then the terms and conditions of such unpacking and/or removal will depend upon the circumstances and there may be a fee for any such unpacking and/or removal which will be notified to You prior to or at the point that We agree with You to arrange such service.  Any unpacking and/or removal will be the responsibility of Our selected retail delivery partner and clause 8.3 above shall also apply to any unpacking and/or removal.   

 

11.8       Unless We have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over.  Delivery will be completed when We deliver the Product or Products to the address You specified in Your Order.

 

11.9       If You do not receive Your Product or Products on the stated delivery date, You must notify Us immediately.  We recommend that You do not schedule or commence any installation work until after You have received Your ordered Product or Products and checked all of them for any fault, damage, defect or missing parts.

 

11.10     Each Product remains Our property until You have paid for it in full or We have delivered the Product to You or to Your alternative chosen delivery location (whichever occurs later), whereupon You will own the Product.  On delivery of the Product to You or to Your alternative chosen delivery location or collection of the Product by You (as the case may be), the Product shall be at Your own risk and responsibility and You will be responsible for its safekeeping and We will not be liable for any fault, damage or defect arising from incorrect storage or transportation if You have arranged for the Product to be collected from Us. 

 

11.11     We do not install any Products ourselves.  Installations are undertaken by a third party.  The terms and conditions that apply to any installation of a Product will depend upon the Product or Products that You Order, their availability, the delivery address and the delivery method You select.  The availability of the third party installer may also affect the terms and conditions of the installation.  You will be charged an additional cost for any installation, the amount of which will be agreed between You and the third party installer.  

 

11.12     We are not liable in any way for the installation undertaken by the third party installer including any disconnection or re-connection or any call-out charges.  You should obtain details of any guarantee regarding the installation workmanship from the third party installer.  You must notify the third party installer of any fault, defect or damage You may suffer as a result of the installation.  We reserve the right to bring a claim against the third party installer for any loss or damage We suffer as a result of the installation.  Any repair or replacement of a Product or Products or price reduction or refund will be subject to any claim We or You may have against the third party installer, the terms and conditions of any household insurance policy You may have and the terms and conditions of any guarantee You may have with the third party installer.  You should note that incorrect installation of a Product or Products may impair or damage its operation and may affect Your cover under the manufacturer warranty or household insurance policy.  We would not be liable under these circumstances. 

 

12          EXCHANGES, RETURNS AND REFUNDS 

12.1       If You change Your mind after the Cooling Off Period, You can still end the Contract by returning Your Purchase without giving any reason to Us at Our Store, in its original condition, within 30 days from the day on which You acquire, or a third party identified by You (other than the carrier) acquires, physical possession of the Product or Products.  The deadline is met if You return the Product or Products before the period of 30 days has expired and provided that You have also returned the Product or Products in accordance with clause 12.2 below by this deadline.  You will have to bear the direct cost of returning the Product or Products.  Your rights under this clause 12 are based upon the assumption that clause 13 below does not apply.  

 

12.2       To be eligible for an exchange or refund, the Product or Products will need to be returned complete with any box, packaging, instructions, accessories and any other items that were included with the original Purchase.  The Product or Products will need to be in a saleable condition.  If a Product is returned in a condition that is not saleable or is missing certain items then We will charge You a restocking fee.

 

12.3       You will need to provide Your receipt, Order confirmation or sales invoice and Your original payment method and We can either exchange the Product or Products, reduce the price of the Product or Products or issue You with a refund.  

 

12.4       If You purchased the Product or Products through a loan facility, then any exchange, price reduction or refund will depend upon the terms and conditions of that loan facility and You will also need to provide Your copy of the loan facility.  You will be responsible for interest and charges levied by the lender in relation to that loan facility.  

 

12.5       If You can’t return the Product or Products to Us, You must contact Us using the contact details at clause 2.1 above to discuss Your options.  This may include arranging a collection from Your property or Your alternative chosen delivery location which may incur a collection charge which We will agree with You in advance of any collection.

 

12.6       We will send You an acknowledgement of receipt of Your notice to exercise Your rights under this clause 12.

 

12.7       Where You have ordered multiple Products under the Contract or a Product is delivered in separate parts, lots or pieces, the 30-day period will expire from the day on which You acquire, or a third party identified by You (other than the carrier) acquires, physical possession of the last Product, part, lot or piece being sold under the Contract.  You may return all Products delivered or in respect of certain Products only.  

 

12.8       Subject to clause 13 below, Our returns policy under this clause 12 does not apply to the following Products:-

 

12.8.1           Products which are not suitable for return due to health or hygiene reasons if You have opened the Product 

packaging after delivery or collection; 

 

12.8.2           Products which have been made to Your specification or are clearly personalised; or

 

12.8.3           Products which become mixed inseparably with other items after delivery or collection (which may be the  

case where the Products are installed).

 

12.9       Our returns policy does not apply to any Products which have been removed, damaged, stolen, lost or interfered with 

or not been kept in safe and good condition either deliberately or negligently by You or any person related or connected to You, engaged or employed by You or acting generally on Your behalf or with your knowledge and clause 4 above and this clause 12 and clause 13 below do not apply to such Products.

 

12.10     You must keep the Product or Products You wish to return in Your possession and take reasonable care of the Product or Products at all times while they are in Your possession.  This means that You must not use the Product or Products (except to the extent reasonably necessary to inspect and examine them).  You are responsible for any Product or Products You have purchased which are not in Your possession and You must ensure compliance with this clause 12.10 in those circumstances.

 

12.11     We reserve the right to make a deduction from the amount of any refund for loss in value of the Product or Products returned where the Product or Products show signs of unreasonable use.  For these purposes, unreasonable use includes handling the Product or Products beyond what is necessary to establish the nature, characteristics and functioning of the Product or Products, and in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. 

 

12.12     Subject to clauses 12.2, 12.4 and 12.11 above, We will refund You in full without undue delay, and not later than 14 days after the day We receive back from You any Products.  Where You are in possession of the Product or Products (or they have been dispatched to You or to Your alternative chosen delivery location), We may withhold all or any part of a refund until We have received the Product or Products back in their original condition and in accordance with clause 12.2 above.  If there were no Products delivered, We will refund You in full no later than 14 days after the day on which We are informed about You exercising Your rights under this clause 12.

 

12.13     If You paid for Your Order using a credit/direct debit card, We will refund You on the credit/direct debit card used to pay for the Order.  If You paid for Your Order by cheque, We will provide You with a cheque for the amount of the refund.  If You paid for Your Order in cash, We will refund You in cash or, at Our discretion, by cheque.  If You paid for Your Order using an online payment service, We will refund You on the account or using the online payment method You used to pay for Your Order, unless We agree otherwise with You.  We will not charge any fees as a result of the reimbursement. 

 

12.14     Ending the Contract under this clause 12 will not affect any rights and responsibilities You or We had before the Contract ended.  This includes the right to take any necessary legal action or seek any other remedy including a right of set-off against You or Us.

 

12.15     If You want to obtain further advice about Your right to an exchange, price reduction, return or a refund, You can contact Trading Standards using the contact details under clause 4.16 above.

 

13          AFTERSALES AND FAULTY PRODUCTS

13.1       On receipt of the Product or Products, You must check they match Your Order.  If there is any problem with Your Order 

or if the Product or Products are faulty, defective or damaged We ask that You contact Us immediately using the contact details under clause 2.1 above.  Please do not install or use the Product or Products if You know there is a problem with Your Order or that, the Product or Products are faulty, defective or damaged.  Claims may be reduced or rejected if We have not been given an opportunity to put matters right.

 

13.2       If Your Product or Products are still under guarantee, You can contact the manufacturer directly for help.  Similarly, if the Product or Products are covered under a household insurance policy, then You can contact the insurer directly for help.  If You require Our assistance with either of these scenarios, including facilitating a repair, exchange or price reduction, then please contact Us using the contact details under clause 2.1 above.  

 

13.3       Depending on the issue and the terms and conditions of any guarantee or insurance policy, We may at Our own cost make good any shortage, delivery or non-delivery or offer You a repair, exchange, price reduction or refund as appropriate and in accordance with Your rights under the 2023 Ordinance.  This also applies to Products which fall within clause 12.8 above.

 

13.4       For the avoidance of any doubt, We will not be liable for any Product which is damaged or develops a defect or fault or for any problems which occur after the expiry of any applicable guarantee or insurance period.  This includes responsibility for any repairs, replacements, price reductions, refunds or any call-out charges.

 

13.5       If You require a refund then You can end the Contract and return Your Product or Products to Our Store.  We will bear the direct cost of returning the Product or Products.  You may end the Contract in respect of all Products or in respect of certain Products only.  

 

13.6       If You can’t return the Product or Products to Us, You must contact Us using the contact details at clause 2.1 above to discuss Your options.  This may include arranging a collection from Your property or Your alternative chosen delivery location, the costs of which We will meet.

 

13.7       If You require a repair, exchange, price reduction or refund You will need to provide Your receipt, Order confirmation or sales invoice and Your original payment method.

 

13.8       In addition to the exceptions under clause 13.3 above, If You purchased the Product or Products through a loan facility, then whether We can make good any shortage, delivery or non-delivery or offer a repair, exchange, price reduction or refund will depend upon the terms and conditions of that loan facility and You will also need to provide Your copy of the loan facility. You will be responsible for interest and charges levied by the lender in relation to that loan facility.  

 

13.9       We will send You an acknowledgement of receipt of Your notice to exercise Your rights under this clause 13.

 

13.10     You must keep the Product or Products You wish to return in Your possession and take reasonable care of the Product or Products at all times while they are in Your possession.  This means that You must not use the Product or Products (except to the extent reasonably necessary to inspect and examine them).  You are responsible for any Product or Products You have purchased which are not in Your possession and You must ensure compliance with this clause 13.10 in those circumstances.

 

13.11     We reserve the right to make a deduction from the amount of any refund for loss in value of the Product or Products returned where the Product or Products show signs of unreasonable use.  For these purposes, unreasonable use includes handling the Product or Products beyond what is necessary to establish the nature, characteristics and functioning of the Product or Products, and in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. 

 

13.12     Subject to clauses 13.3, 13.8 and 13.11 above, We will refund You in full without undue delay, and not later than 14 days after the day We receive back from You any Products.  Where You are in possession of the Product or Products (or they have been dispatched to You or to Your alternative chosen delivery location), We may withhold all or any part of a refund until We have received the Product or Products back from You.  If there were no Products delivered, We will refund You in full no later than 14 days after the day on which We are informed about You exercising Your rights under this clause 13.

 

13.13     If You paid for Your Order using a credit/direct debit card, We will refund You on the credit/direct debit card used to pay for the Order.  If You paid for Your Order by cheque, We will provide You with a cheque for the amount of the refund.  If You paid for Your Order in cash, We will refund You in cash or, at Our discretion, by cheque.  If You paid for Your Order using an online payment service, We will refund You on the account or using the online payment method You used to pay for Your Order, unless We agree otherwise with You.  We will not charge any fees as a result of the reimbursement. 

 

13.14     If You end the Contract under this clause 13, it will not affect any rights and responsibilities You or We had before the Contract ended.  This includes the right to take any necessary legal action or seek any other remedy including a right of set-off against You or Us.

 

13.15     If You want to obtain further advice about Your rights relating to any problem with Your Order or any faulty, defective or damaged Product, You can contact Trading Standards using the contact details under clause 4.16 above.

 

14          OUR LIABILITY

14.1       Clauses 14.3 to 14.7 inclusive below set out the circumstances where We will not be legally responsible to You in any way. There are however other circumstances set out under clause 14.2 below where We may be legally responsible to You but only for reasonably foreseeable loss and damage caused by Us.  Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time We entered into the Contract with You, You and We knew it might happen, for example, if We discussed it with You.  This limitation of Our liability is subject to:-

 

14.1.1           clause 14.10 below; and

 

14.1.2           any exceptions stated in clauses 14.7 and 14.8 below or elsewhere in these Terms or agreed with You as part of the Contract.

 

14.2       Examples of when We may be legally responsible to You for reasonably foreseeable loss and damage caused by Us 

include:-

 

14.2.1           if We fail to comply with these Terms or any other additional terms or conditions of the Contract We agree with You, We are only legally responsible for the loss or damage You suffer that is a reasonably foreseeable result of Our breach;

 

14.2.1           if We fail to comply with Our duties and obligations under Our Licence, the 2023 Ordinance, the 2001 Law or any other applicable Legislation, We are only legally responsible for the loss or damage you suffer that is a reasonably foreseeable result of Our breach;  or

 

14.2.2           if We fail to use reasonable care and skill, We are only legally responsible for the loss or damage You suffer that is a reasonably foreseeable result of Our failure.

 

14.3       We are not legally responsible to You in any way for any indirect or direct or other loss or damage that is not reasonably foreseeable.  Examples include but are not limited to the following:-

 

14.3.1           any financial loss or damage You may suffer such as losing actual or anticipated revenue, profit, income, business, contracts, opportunity, goodwill or reputation; or

 

14.3.2           any loss or damage You may suffer (including but not limited to any loss of or damage to any electrical or electronic equipment or appliances and any loss of or damage to any kind of data or any refrigerator or freezer contents). 

 

14.4       We will not be legally responsible to You in any way for any event or circumstance which affects Our ability in any way  to perform any of Our legal duties and obligations or exercise any of Our legal rights and powers under the Contract, Our Licence, the 2023 Ordinance, the 2001 Law or under any other applicable Legislation and which is outside of Our reasonable control and where We have taken reasonable steps where possible to avoid the problem.

 

14.5       In addition to clause 11.2 above, an event or circumstance under clause 14.4 above includes, without limitation, the following to the extent these are outside Our reasonable control:- accidents, epidemics, pandemics, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of utility networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government and imposition of restrictions on imports or exports).  We will contact You as soon as reasonably practicable to let you know if any event or circumstance under this clause 14.5 occurs.

 

14.6       We will also not be legally responsible to You in any way for:-

 

14.6.1           any loss or damage You may suffer as a result of Your responsibilities to any other person (however this is 

caused);

 

14.6.2           any loss or damage You may suffer as a result of Your failure to comply with these Terms or any other 

additional terms or conditions of the Contract We agree with You;

 

14.6.3           any loss or damage You may suffer as a result of Your failure to comply with the 2023 Ordinance, the 2001 

Law or any other applicable Legislation; or

 

14.6.4           any loss or damage You may suffer as a result of Your failure to comply with the manufacturer’s operating 

or user instructions or for using, either intentionally or unintentionally, Your Product or Products for any purpose for which it was not intended or in a such a way as would not be reasonably expected as acceptable. 

 

14.7       We will make good any fault, defect or damage caused by Us while providing the Product or Products.  However, subject to clause 13 above, We are not legally responsible for the cost of repairing any pre-existing fault, defect or damage that We discover while providing the Product or Products.  We are also not legally responsible for any loss or damage You may suffer as result of any delivery or unpacking of Your Product or Products or any removal of any pre-existing goods from Your property or Your alternative chosen delivery location undertaken by a third party including Our selected retail delivery partner.

 

14.8       We do not exclude or limit in any way Our legal responsibility to You where and to the extent that it would be unlawful to do so. This includes liability for death or personal injury caused by Our deliberate actions or negligence or the deliberate actions or negligence of Our officers, employees, agents, advisers, contractors or subcontractors or for fraud or fraudulent misrepresentation.

 

14.9       If We are legally responsible to You under these Terms or under any other additional terms or conditions of the Contract    We agree with You, except as set out in clause 14.8 above, the maximum amount We will accept responsibility for will be determined by the nature of Your claim and the applicable provisions of Our insurance policy.

 

14.10     You will not have the right to bring any claim or action against Us in respect of any loss or damage You may suffer in circumstances where You are able to recover such loss or damage from a manufacturer or an insurer or where You would have been able to had you complied with the terms or conditions of Your guarantee or insurance policy.

 

14.11     This clause 14 applies even after the Contract has ended.  As far as it excludes or limits Our liability, it takes priority over any other additional Contract term or condition including under these Terms. 

 

14.12     Our Website and any advertising, catalogues or any other media may contain information and materials created and submitted by third parties, and, subject to clause 14.8 above, We exclude liability for all losses and damages arising from any error, omission or inaccuracy in any such information and material.

 

14.13     The Contract contains no term in relation to the quality or fitness of a Product or Products, except as set out in the 2023 Ordinance.

 

15          OUR RIGHT TO END THE CONTRACT

15.1      We can end the Contract with You upon giving You at least 7 working days’ Written notice to You (except in the case of an Emergency where We will not be required to give You any prior notice) for any one or more of the following reasons (and Our Written notice will set out the relevant reasons):-

 

15.1.1          You do not comply with these Terms or any other additional terms or conditions of the Contract We agree with You;

 

15.1.2           You do not comply with the 2023 Ordinance, the 2001 Law or any other Legislation which is applicable to You;

 

15.1.3           You fail to pay for all charges due from You in respect of Our provision of the Product or Products to You;

 

15.1.4           You have or any person related or connected to You, engaged or employed by You or acting generally on Your behalf or with Your knowledge has either deliberately or negligently removed, damaged, stolen, lost or interfered with or failed to keep in safe and good condition any Products purchased from Us; 

 

15.1.5           You fail to obtain a valid and sufficient loan facility to enable You to pay the price to Purchase a Product or Products or You have a negative credit assessment;

 

15.1.6           You have any form of bankruptcy or insolvency proceedings (including under Guernsey law any saisie or en désastre proceedings) brought against You;

 

15.1.7           We are asked to stop or prohibited from providing a Product or Products to You by an order, judgment, regulation, decision or direction of a competent Court or other competent authority (including the GCRA or Trading Standards) and it is upheld;

 

     15.1.8          We are entitled to do so under any other provisions of these Terms, the Contract, Our Licence, the 2023 Ordinance, the 2001 Law or any other applicable Legislation;

 

15.1.9         it is not reasonable or practically or legally possible for Us to provide a Product or Products because:-

 

15.1.9.1                      there are health and safety reasons including an Emergency; or

 

15.1.9.2                      We do not have any authorised access to the delivery location or to any land which is nearby the  delivery location;

 

15.1.10        We must comply with any one or more of the following:-

 

15.1.10.1                   any conditions of Our Licence or any regulations, decisions or directions made by the 

GCRA under the 2001 Law which are upheld;

 

15.1.10.2                   any regulations, decisions or directions made by Trading Standards under the 2023 

Ordinance which are upheld; or

 

15.1.10.3                   any other applicable Legislation;

 

               15.1.11      it is necessary to do so by reason of any event or circumstance occurring under clauses 11.2, 14.4 and 14.5 

above which cannot be remedied; or

 

  15.1.12      it is necessary to do so because a fault, defect or damage in a Product or Products other than that under 

clauses 11.2, 14.4 and 14.5 above has occurred which cannot be remedied.

 

15.2       Upon Our ending of the Contract, any money due to Us in respect of the Contract which has ended shall become immediately due and payable and We shall be under no further obligation to provide any Products to You, provided that where You have paid for Products in advance of Our ending of the Contract, We shall, at Our discretion, provide those Products to You or cancel the provision of those Products and refund You the price paid for those Products within 14 days.

 

15.3     We reserve the right to recover from You any loss or damage suffered by Us which is either deliberately or negligently 

caused by You or any person related or connected to You, engaged or employed by You or acting generally on Your behalf or with Your knowledge.  We also reserve the right to recover from You any reasonable legal fees and other reasonable administrative costs incurred by Us in recovering (whether by legal action through the Courts or otherwise) monies owed to Us by You.

 

15.4       Ending the Contract under this clause 15 will not affect any rights and responsibilities You or We had before the Contract 

ended.  This includes the right to take any necessary legal action or seek any other remedy including a right of set-off 

against You or Us. 

 

16          REFUSAL TO PROVIDE PRODUCTS

16.1       We may refuse to provide any Products to You for any of the reasons under clauses 15.1.1 to 15.1.12 above.

 

16.2       We reserve the right to undertake a credit assessment of You and may also refuse to provide any Products to You if You 

have a negative credit assessment. 

 

16.3       We reserve the right to exercise Our lawful right to refuse to provide any Products for any other reason including as provided for elsewhere in these Terms.

 

17          CHANGES TO THESE TERMS

17.1       We may make changes at any time to the Contract, including these Terms.

 

17.2       We will only make changes where they are necessary to:-

 

17.2.1           reflect changes in the electricity, utility or Product supply industry, including changes in technology, changes in the way You can make or receive payments, or fraud prevention requirements;

 

17.2.2            comply with changes in Legislation, the decision of Trading Standards, any regulatory requirement or any  

agreement with a government or regulatory body;

 

17.2.3            reflect changes in the systems or suppliers We use;

 

17.2.4            reflect changes that impact the cost of providing Products to You;

 

17.2.5            reflect Our credit assessment of You;

 

17.2.6            introduce a change that You have requested (and We've agreed to);

 

17.2.7            correct a mistake;

 

17.2.8            make them clearer or more favourable to You;

 

17.2.9            introduce a new Product or update an existing Product; or

 

17.2.10         remove a Product We offer which is out of date or not being used (either by You or our customers in general).

 

17.3       We may from time to time need to make changes for reasons that are not set out here. As long as You can end the Contract without charge, We may make any changes to the Contract or the Terms, including introducing a new fee, or changing the way We charge fees for a reason We haven’t set out here.

 

17.4.     We will give You at least 1 month’s Written notice before any change is made unless the change is to Your advantage,  

or where You have requested the change and We have agreed to it, in which case We may make the change immediately 

and will confirm the details of it to You within 1 month.  You can contact Us to end the Contract before the changes take effect if You wish.  Each time You Order or otherwise Purchase a Product from Us, the Terms in force at that time will apply (as set out on Our Website or available in Our Store).  Please check in Our Store or on Our Website to ensure that You understand which Terms apply.  These Terms were last updated on 28th September 2023.

 

18.         GENERAL

18.1       The headings contained in these Terms are inserted for convenience or reference only and are not intended to be part 

of or to affect the meaning or interpretation of any clauses of these Terms.

 

18.2       References to legislation include references to any amendment, modification, extension, consolidation, replacement or 

re-enactment of any such legislation. Words in the singular include the plural and words in the plural include the singular.  

References to the word “include” or “including” (or any similar term) are not to be construed as implying any limitation 

and general words introduced by the word “other” (or any similar term) shall not be given a restrictive meaning by reason 

of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.

 

18.3       The Contract, except where otherwise expressly specified and agreed between You and Us in Writing, contains the entire agreement between You and Us and replaces any other earlier agreement between You and Us relating to Our provision of any Products to You.  Both You and Us are entitled to rely upon the terms and conditions of the Contract.

 

18.4       If We do not insist immediately that You do anything You are required to do under the Contract or if We delay in taking  steps against You in respect of You breaching the 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 do not make a payment and We do not chase You but We continue to provide a Product or Products to You, We can still require You to make the payment at a later date.

 

18.5       The Contract is personal to You and no rights or benefits express or implied shall be enforceable against Us by any other person.  You may not assign or transfer Your rights or obligations under the Contract unless We agree in Writing.  We can transfer all or any of Our legal duties, obligations, rights and powers under the Contract without Your permission by giving You 30 days' Written notice.  If any such assignment or transfer could reduce your rights under the Contract, We will not make such transfer without Your express agreement. 

 

18.6       Before working with electricity, gas or water, You should always consult an appropriate professional tradesperson with appropriate qualifications and accreditations.  Always read and follow any relevant manuals and safety instructions.  When working with electricity, gas or water, always turn off the mains and ensure that any work undertaken is done so in a safe and responsible manner.

 

18.7       In connection with building work, We cannot advise on planning permission or building regulation issues.  You are responsible for obtaining all necessary planning permissions and consents and all other relevant consents and permissions for any work to be carried out and allowing Us or Our officers, employees, agents, advisers, contractors or subcontractors to inspect these prior to the commencement of any work.

 

18.8       To help Us improve Our customer services in relation to Our provision of Products, We may monitor and record calls that You or We make. Any such information will be processed in accordance with Our Privacy Policy which is referred to below.

 

18.9       Each of the clauses of these Terms and any other additional terms or conditions of the Contract We agree with You operate separately. If a competent Court or other competent authority (including the GCRA or Trading Standards) decides that any of them are invalid, unenforceable or unlawful and that decision is upheld, the remaining clauses will remain in full force and effect and the relevant clause shall be severed or modified without affecting the remaining clauses.

 

18.10     Any notice given under the Contract may be left at or sent by post to Us at the address specified above at clause 2.1 or to You at the postal address specified in Your Order or such other address notified to each other for such purpose.  Where necessary, We will state in a Written notice We give You details of how You may refer a dispute under clause 19 below.  

 

18.11     The laws of Guernsey apply to the Contract and any disputes relating to the Contract and any Products We provide may only be heard in the Guernsey Courts. 

 

19          COMPLAINTS

19.1       If You have any concerns then We would like to help to resolve them as quickly as possible but We will not tolerate any physical or verbal abuse directed at Our officers, employees, agents, advisers, contractors or subcontractors.

 

19.2       To help Us to promptly resolve any issues and put things right, please follow Our complaints procedure as follows:-

 

19.2.1           In the first instance, please notify Our retail team of the issue that You wish to bring to Our attention.  This 

may be by telephoning Us on 01481 200789 between 9am and 5pm Monday to Saturday (excluding bank and public holidays) or by Writing to Us at Guernsey Electricity, Retail Department, FREEPOST GU355, Guernsey GY1 5SS or by emailing Us at shop@electricity.gg or by visiting Our Store between 9am and 5pm Monday to Saturday (excluding bank and public holidays) or by completing Our online contact form on https://shop.electricity.gg/contact.  In most cases Our retail team will be able to assist You in resolving the issue.

 

19.2.2          If Our retail team is unable to resolve the issue to Your satisfaction, please contact Our retail management team by email at retail.admin@electricity.gg or by telephoning Our Store on 01481 200789 and asking to speak with a retail manager.    

 

19.2.3           If You’re still unhappy, You can contact Trading Standards by telephoning 01481 220379 or emailing TS.Mailbox@gov.gg or writing to Trading Standards at PO Box 459, Raymond Falla House, Longue Rue, St Martins, Guernsey GY4 6AF.  Trading Standards is a statutory body with powers under the 2023 Ordinance.  We will deal with all complaints in accordance with the 2023 Ordinance, the 2001 Law and Our Licence. 

 

19.3       At any point, You are entitled to seek Your own independent legal advice to help You understand Your legal rights and obligations under these Terms, any other additional terms or conditions of the Contract We agree with You, the 2023 Ordinance, the 2001 Law, Our Licence or under any other applicable Legislation.

 

20          DATA PROTECTION

20.1       In the course of Our dealings with You, and in order to perform Our obligations under the Contract, We will collect and process personal information about You, including to administer and process Your Order and to provide the Products.  We respect Your privacy and are committed to providing You with a clear understanding of how We use Your personal information.  To find out about the ways in which We use and protect Your personal information, please visit Our Privacy Policy at www.shop.electricity.gg/privacy.  If You’d like a hard copy of Our Privacy Policy, You can contact Us by emailing data.protection@electricity.gg or telephoning 01481 200789 and We will post it to You.

 

28th September 2023


 

MODEL CANCELLATION FORM

To Guernsey Electricity Limited whose registered office is at Electricity House, Northside, Vale, Guernsey GY1 3AD and whose contact postal address is Guernsey Electricity, Retail Department, FREEPOST GU355, Guernsey GY1 5SS and whose contact email address is shop@electricity.gg:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] Contract for the sale of the following Product/Products
......................................................................................................................................................................... 
........................................................................................................................................................................ ,

Ordered on[*]/Purchased on[*]/Received on[*]:- ........................................................................................................................................................................ ,

Name of consumer(s):-........................................................................................................................................................................ ,

Address of consumer(s):-......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... ........................................................................................................................................................................ ,

Signature of consumer(s) (only if this form is notified on paper):-......................................................................................................................................................................... 

Date:-.............................................................................. 

[*] Delete as appropriate.