Please read these terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these terms.
Most Importantly, Please Read Clause 20 Below Where We Limit Our Liability To You.
You should retain a copy of these terms for future reference.
The Goods and Services are provided (and/or promoted as per clause 6) by Energized Customs LTD (“we/us/our”).
We are registered in the UK and have our registered office and main trading address at Unit 12, Stafford Park 12, Telford, TF3 3BJ.
Our company number is 8332016 and our VAT registration is 155636887.
By placing an order with us, you confirm that:
You are legally capable of entering into binding contracts;
If you are a Consumer, you are at least 18 years old;
The information you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and not misleading or un-confirmed.
These terms and conditions apply to all sales of Goods and/or Services provided by us to you. If you are purchasing Goods and/or Services via our website, Subject to clause 5, no contract for the supply of Goods and/or Services (“Contract”) will come into existence until we dispatch the Goods, send you an email confirming that your Goods have been dispatched or start performing the Services (whichever is the earlier).
If you purchase Goods and/or Services by any means other than via our website, the Contract will not come into existence until either your order (however given) is accepted by the earliest of our written acknowledgement of order, delivery of the Goods or performance of the Services.
Each order for Goods and/or Services by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these terms. Each order placed by you to us for Goods and/or Services and accepted by us will constitute a separate contract.
You must ensure that the terms of your order and any applicable specification are complete and accurate.
These terms will be incorporated in the Contract to the exclusion of all other terms and conditions. They supersede all prior dealings, negotiations, representations or agreements between us in respect of the subject-matter of the Contract whether written or oral.
No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorized representative.
All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them and the images of the Goods on the website or otherwise are for illustrative purposes only.
We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose you have made known to us.
The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
All Goods supplied by us are subject to availability. We reserve the right in the event that we cannot supply you with the Goods that you have ordered, to supply you with substitute goods of equivalent or matching quality. In the event that you do not accept such substitute goods, we shall arrange and be responsible for the cost of collecting such substituted goods from you.
We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
Technical specifications are approximations unless specifically stated otherwise.
You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so.
If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
We prohibit the audio or video recording of on-site professional or technical Services, or training and consultancy without the prior written consent of us.
Clause 5 only applies if you are a Consumer AND purchasing Goods and/or Services from our website.
In accordance with the Distance Selling Regulations 2000 you may cancel a Contract at any time within 30 working days, beginning on the day after you receive the Goods (the “Cooling off Period”). If you want to cancel the Contract within this Cooling-Off Period a refund, (or if you require an exchange or replacement) will be provided in accordance with our refunds policy.
We extend your entitlement to a refund if your notification is provided within 30 days after the Cooling-Off Period has lapsed, otherwise in the event that notification is given after the expiry of this time period, then save as where Goods are defective we reserve the right to issue only an exchange or replacement.
The right of cancellation does not apply to any Goods personalised, made to your specification or to Goods supplied in accordance with our promotions and incentives which is further detailed at clause 6 below.
To cancel a Contract, you must:
Inform us in writing;
Return the Goods to us, in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging; and Provide proof of purchase in the form of our invoice for the original supply of such Goods. If in the event an invoice is unavailable, a bank or credit card statement may suffice at our sole discretion.
Energized Customs shall have no liability for incorrect Goods purchased by you online for foreign registered cars once the Cooling-Off Period lapses. To minimize the purchase of any incorrect Goods we advise that customers with foreign registered vehicles email us via [email protected] who will offer guidance to customers and confirm that any Goods are correct prior to purchase.
Nothing in this clause affects your statutory rights.
On occasion we will offer promotional codes and discounts herein described as ‘Promotional Codes’ (including without limitation discounts, offers, promotions, prize draws, vouchers, competitions etc) via different channels to new and/or existing customers.
By using any Promotional Code, you are agreeing to the following;
General Terms of usage
A Promotional Code may only be redeemed online at our website www.energizedcustoms.co.uk.
A Promotional Code cannot be used in conjunction with any other offer, discount or promotion. Only one Promotional Code can be used per transaction/household.
A Promotional Code is redeemed by entering such code at the appropriate point on the online purchase order process for a qualifying purchase or in the case of discounts, vouchers and/or free items, as expressly advertised.
A Promotional Code is not exchangeable for cash and is not to be used in conjunction with any other offer, discount or promotions. The Promotional Code cannot be used for the purchase of gift vouchers and/or gift cards.
The Promotional Codes are non-transferable and non-refundable.
The Promotional Codes are not available to employees of Energized Customs LTD or any other associated companies.
We accept no responsibility for Promotional Codes that are illegible, lost, delayed or damaged during any such promotion, on any media or channel delivered via or electronically on the website. Promotional Codes not submitted in accordance with these Terms, or incomplete, illegible, expired or otherwise defective shall be rejected and/or disqualified and our decision is final.
By entering any such Promotional Code, all participants agree to participate in any publicity arising from any awards, free offers etc and we reserve the right to feature the name, photograph and location of the participant in any future marketing materials, website publications, promotions or competitions and you consent to the same.
By entering any such Promotional Code, your personal data will be held by Energized Customs LTD for the purpose of administering any Promotional Code and contacting you in relation to the same.
Period Of Use
A Promotional Code is only valid during the period identified and on the dates and for the products specified in the media it was delivered in.
If no period is specified above, the Promotional Code shall be valid for no longer than 3 days from launch.
We reserve the right to
(i) cancel or withdraw any Promotional Code
(ii) refuse to allow any customer to participate in the Promotional Code
(iii) decline to accept orders where, in its opinion the Promotional Code is invalid for the order being placed
(iv) exclude any single or group of products from any general promotion (such excluded products can be found during the online order process at the relevant checkout stage upon entry of the Promotional Code, or prior to your purchase by emailing: [email protected] and
(v) amend this clause 6 (and we will use reasonable endeavours to notify changes to participants).
Returns of products or cancellation of order
In the case of a free item being offered, all items are subject to availability and we reserve the right to substitute such free item for any reason, for that of similar quality and value.
In the case of a returned order, any free items must be returned as new, at the same time in its original packaging and the product documentation, with proof of the Promotional Code used and at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging. Failure to return the item as new, or in part, whole or at all, then we reserve the right to deduct the full price of the free part from your credit.
In the case of a credited part or order, only the amount paid (less the cost of any free item if applicable) will be credited.
Where the redemption of a Promotional Code is subject to a minimum spend requirement, redemption is only permitted in respect of the purchase of the qualifying products (as communicated to you when issuing the Promotional Code).
Where a Promotional code has been communicated via email the Promotional Code is non-transferable and the email address provided with the order must be the same as the email address to which the Promotion was sent.
Where there is any conflict in this clause 6 with any other terms whatsoever attached to any other advertising material in respect of such Promotional Code, this clause 6 shall apply. This clause 6 shall only apply to Promotional Codes and Goods or Services purchased by you using such Promotional Codes and the remaining clauses shall continue to apply otherwise.
The prices may be altered at any time without notification to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
For Goods and Services purchased via our website, the price you pay is the price displayed on this website at the time we receive your order apart from the following exceptions:
While we try and ensure that all our prices on our website are accurate, some prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price.
We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or dispatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid;
Where there is no error in our pricing as per clause, the prices that you pay for the Goods and Services will be those ruling (in the case of Goods) at the date of dispatch of the Goods or (in the case of Services) our confirmation of the start date of the Services.
We list prices as both inclusive and exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
Unless otherwise specified, if you are a Business Customer, prices quoted include delivery to destinations in the United Kingdom and we will select the mode of transport. The entire cost of any other mode of transport which you may specify will be borne by you, as will delivery to locations outside of the United Kingdom.
If you are a Consumer, the delivery costs will be quoted at the time you place your order for Goods.
In case of small orders we will be entitled to make a minimum order charge or to add a surcharge for delivery, details of which will be provided to you at the time of order acknowledgement.
No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
Unless otherwise stated all quotations are valid only for 30 days from their date of publication.
Payment of invoices will be made in full to us without deductions or set-off in cash/guaranteed cheque/credit or debit card when order is placed or on delivery.
The Goods are delivered to you when we make them available to you at a delivery point agreed by us.
Time of delivery will not be of the essence and any delivery date is an estimate only. We will use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late.
The quantity of any consignment of Goods as recorded by us upon dispatch from our place of business will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
Any claim that any Goods have been delivered damaged will be notified by you to us within 2 days of their delivery. Provided that you return such Goods to us in accordance with clause 15, we will at our sole discretion replace such Goods, issue you with a credit note for the price of such Goods or refund the price paid for such Goods.
Any claim that any Goods have not been delivered to you by us or our appointed carriers where we claim we have delivered the same to you, or left the Goods in a safe place or delivered the Goods to your neighbour and/or our appointed carriers have obtained a signature for the delivery of the Goods (from any of the above (where applicable), such claim must be notified by you to us within 14 days of their expected delivery. We shall then liaise with our carrier and/or our driver and we may require copies of two forms of personal identification documents from you (such as passport, driving licence, bank card etc) or any third party.
Once we have reviewed all documentary evidence and statements from the relevant drivers we shall then come back to you within a reasonable timescale of our decision (to replace such Goods, issue you with a credit note for the price of such Goods, refund the price paid for such Goods or to not provide any of the aforementioned) which shall be final and binding.
If you fail to take delivery of the Goods or accept performance of the Services or any part thereof at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.
Energized Customs is not liable for third party courier damages that relate to a product damaging property. Energized Customs will liaise with the relevant courier whereby you will be required to provide Energized Customs with contact information for the courier to contact the claimant directly to resolve such matters.
It is your responsibility to provide the means for unloading Goods on delivery unless agreed by us in writing otherwise. We will inform you in advance if any special means will be required to unload the Goods at your premises.
If you fail to take delivery of the Goods when they are ready for delivery we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event the cost of storage will be borne by you.
You may resell the Goods before ownership has passed to you solely on the following basis:
Any sale will be effected in the ordinary course of your business at full market value; and
Any such sale will be a sale of our property on your own behalf and you will deal as principal when making such a sale.
Your right to possession of the Goods will terminate immediately if:
You (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or
You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under the Contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
You encumber or in any way charge any of the Goods; or
Anything analogous to the foregoing occurs in any other jurisdiction.
If Goods become faulty during the period of the Warranty for reasons unconnected with your acts, omissions or misuse of the Goods, you must notify us in writing and/or by completing a warranty claim form (including a description of the fault) and return such Goods to us. Such Goods shall be returned to the manufacturer for review and testing.
Based on the manufacturers’ opinion we will repair, (or at our sole option) replace such Goods with the same or superior Goods, without charge or not provide any of the aforementioned. The manufacturer’s opinion shall be final and binding and we shall have no further liability to you. If Goods become faulty after expiry of the Warranty, and you request that we replace or repair such Goods, then we shall charge our then standard list price for such repair or replacement.
Your sole remedy in respect of a failure of the Goods to comply with the Warranty is as set out in the Warranty Conditions.
We will be afforded reasonable opportunity and facilities to investigate any claims made under the Warranty and you will if so requested in writing by us promptly return any Goods the subject of any claim and any packing materials securely packed and carriage paid to us for examination.
We will have no liability with regard to any claim in respect of which you have not complied with the claims procedures in the Warranty Conditions.
The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, willful damage, negligence, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods’ manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.
We do not cover mechanics fees or any such fees that involve the installation or removal of parts.
When you return Goods to us:
Because you cancelled the Contract in accordance with clause 5 (Consumer Rights), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
In this case we will refund the price of the Goods to be returned in full, including the cost of sending the Goods to you.
However, you will be responsible for the cost of returning the Goods to us;
Which are incorrectly supplied and/or are returned as new in their original packaging, these items shall be refunded, exchanged or replaced if they are returned within 30 days of date of purchase of the Goods and proof of purchase is supplied; and For any other reason, we will examine the returned Goods and will notify you in-store in writing or via e-mail within a reasonable time of the refund (if any at all) to which you are entitled.
We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation.
The Goods must not have been used (such as any smell of without limitation fuel, toxins or rubber shall invalidate any refund due to you) and, where applicable, must not have been removed from the sealed clear packaging. Goods returned to us because they fail to comply with the Warranty will be refunded in accordance with the provisions of the Warranty Conditions “Special Order” means any Goods that are not held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request.
Payment in full is required for such Special Orders at the time the Special Order is placed with us. Special Orders are non-refundable except at our sole discretion or if the Contract is cancelled within the Cooling-Off Period as provided. Energized Customs reserves the right to apply a restocking fee of 15% of the price of the Special Order, which shall be deducted from any refund due to you.”
This clause 15 shall not apply to Goods supplied in accordance with our promotions and incentives, and refunds for such Goods shall be in accordance with clause 6 above.
We will normally refund any money received from you using the same method originally used by you to pay for your purchase.
We will perform the Services with great care and skill.
If we fail to perform the Services in accordance with clause 17.1 or at all, then your sole remedy will be for the re-performance of those Services by us.
Any timescales given by us to you in respect of the performance of the Services are approximate only.
We will provide you with such technical advice by telephone, e-mail and web access during our normal business hours.
Provide us with such information, assistance and facilities as we may reasonably require to enable us to perform the Services set out in this clause Direct all enquiries for technical advice to our help desk number notified to you from time to time.
The support and maintenance services do not apply:
to the extent that you failed to follow any instructions relating to the operation, use and maintenance of the Goods (and where you install the Goods, instructions as to installation of the Goods);
To the extent that the query arises from user incompetence, abuse, improper use or use in an environment or for a purpose for which the Goods were not designed or intended;
If you or other third party alters or repairs the Goods without our written consent; or
20.1 Subject to the provisions of these terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
20.1.1 Any breach of these terms; and
20.1.2 Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
20.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.
20.3 Nothing in these terms excludes or limits our liability:
20.3.1 For death or personal injury caused by our negligence;
20.3.2 Under section 2(3) of the Consumer Protection Act 1987;
20.3.3 For fraud or for fraudulent misrepresentation; or
20.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
20.4 Subject to clause 20.3, we will not be liable to you for:
20.4.1 Any indirect or consequential, special or punitive loss, damage, costs or expenses;
20.4.2 Loss of profit;
20.4.3 Loss of business;
20.4.4 Loss of income or revenue;
20.4.5 Loss or corruption of or damage to data;
20.4.6 Waste of management or office time; or
20.4.7 Depletion of goodwill.
20.5 Subject to clause 20.3, our total liability to you under or connected with these terms will not exceed 125% (one hundred and twenty five per cent) of the price payable for the Goods and/or Services for any one event or series of connected events.
We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under the Contract or any other agreement with us or if any of the events set out in clause 13.8 occur.
On the termination of the Contract for any reason:
we will not be obliged to supply any Goods and Services ordered by you unless already paid for; and All payments payable to us under the Contract will become due immediately upon termination of this
Contract despite any other provision.
The termination of this Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.
Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
Comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
Not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
Not directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a function or activity in connection with this Contract, other than where a bonafide promotions and/or incentive is run by us (see clause 6 for further details on such promotions and incentives);
If you are a business, organisation, partnership, limited liability partnership or a company, have and maintain in place throughout the Contract your own policies and procedures including but not limited to adequate procedures under the Bribery Act 2010 to ensure compliance with the same and to enforce where appropriate;
Promptly report to us any request or demand for any undue financial or other advantage of any kind received by us or our directors, officers, representative, contractors or personnel or any undue financial or other advantage of any kind given by us in connection with the performance of this Contract.
This Contract will be governed by English law and you consent to the non-exclusive jurisdiction of the English courts in all matters regarding it.
Each of our rights or remedies under the Contract is without prejudice to any other right or remedy that we may have whether under the Contract or not.
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to the extent of such illegality, invalidity, void-ability, un-enforce ability or unreasonableness be deemed sever-able and the remaining provisions of the Contract and the remainder of such provision will continue in full force and effect.
Failure or delay by us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
Any waiver by us of any breach of, or any default under, any provision of the Contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract. Neither of us intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.