Website & Telephone Sales

1. THESE TERMS

1.1 We are Intelligent Resource Management Limited, trading as SaveMoneyCutCarbon. We are a company registered in England and Wales with company registration number 06889053 and our registered office is at Abbeystone House, 36 Eastern Way, Bury St. Edmunds, England, IP32 7AB.

1.2 These are the terms and conditions on which we supply goods and certain services to you. These terms do not apply to our survey, consultancy and project management services.

1.3 No terms other than these terms will apply without our written consent. You should read these terms carefully and let us know if you think there is any mistake.

1.4 These terms apply if you are a business customer or a consumer. You will be a consumer if you purchase goods or services when acting wholly or mainly outside the course of your business, trade, craft or profession. In all other cases, you will be a business customer.

1.5 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

1.6 The words “writing” or “written” in these terms, this includes emails.

1.7 You can contact us by using the contact details given at the end of these terms.

2. ORDERS

2.1 We will be deemed to accept your order when we send you an order acknowledgement by email, at which point a contract will come into effect between us. If we are unable to accept your order, we will inform you of this and will not charge you for the product.

2.2 The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.

2.3 We reserve the right to change the price of goods on our website, and to change which goods are available for sale on our website. We cannot guarantee that we will continue to supply any particular goods after your order has been delivered.

2.4 You are responsible for ensuring that all details within your order are accurate. If you are providing measurements, you must ensure that these are correct.

2.5 If you ask us to provide a product recommendation, any recommendation will be based on the information you make available to us. We are not responsible if the product is not suitable for your purposes, if you have failed to provide us with all of the relevant information.

3. DELIVERY OF GOODS

3.1 The cost of delivery will be as displayed to you on our website, or in our order acknowledgement. We may impose a minimum order quantity to accept any order of goods.

3.2 We will deliver the goods to you as soon as reasonably possible, and in any event within 30 days after the day on which we accept your order.

3.3 If you are a business customer: we shall use our reasonable efforts to deliver goods or commence services on the dates set out above, but shall have no liability for any failure to do so. Time shall not be of the essence. Our maximum liability for failure to deliver or perform on time shall be limited to the excess cost (if any) to you of obtaining similar goods or services to replace those ordered from us.

3.4 If you are a consumer: if our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

3.5 If you are not available to accept delivery of the goods, and you do not arrange for redelivery (other than for reasons outside of your reasonable control) we may (in its discretion):

(a) charge the additional costs incurred by us as a result (including the cost for storing and insuring goods whilst we attempt redelivery); and/or
(b) end this contract; and/or
(c) exercise any other right available to us under the general law.

4. CARRYING OUT SERVICES

4.1 We will carry out the installation, or other services that we have agreed to provide, on the date agreed with you during the order process, or such other date as we agree.

4.2 You are responsible for carrying out any preparatory work before we can provide our services. If the preparatory work is not completed to the necessary standard prior to the date agreed for providing our services, and/or if you do not allow us access to your property to perform the services as arranged, we may:

(a) charge the additional costs incurred by us as a result; and/or
(b) end this contract if, despite our reasonable efforts, we are unable to re-arrange access to your property; and/or
(c) exercise any other right available to us under the general law.

4.3 You must provide us with all information and assistance that we reasonably request for the purpose of providing our services, including:

(a) details and plans of the area(s) in which we will be working;
(b) access to the area in which we will be working;
(c) electricity and lighting.

5. PRICE AND PAYMENT

5.1 The price of the goods and services will be as shown on the order pages when you place your order. If you order by telephone, the price will be the price given to you on the telephone.

5.2 Unless you have a credit account with us, you must pay for the goods before we dispatch them, and we will charge your credit or debit card when we dispatch the goods to you. You must pay for services at the time of placing your order.

5.3 If you have a credit account with us (or we agree not to take payment in advance), we will invoice you for the goods and services provided, and you must pay for the goods or services in accordance with the terms of your credit account or that invoice (or if no such terms are specified, within 30 days of the date of the invoice). If you do not pay any invoice when due, we reserve the right to:

(a) suspend your credit account and demand immediate payment of all sums outstanding;
(b) suspend delivery of any goods or services until all sums due have been paid in full in cleared funds;
(c) charge interest at the rate set out in the terms of your credit account; and/or
(d) terminate this contract.

5.4 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5.5 If you have a trade account with us, we may impose minimum order quantities in order for you to qualify for any price discount for orders made using your trade account. We will notify you of these from time-to-time, and on receiving your order if your order falls below the required quantity. Your trade account is subject to the separate terms and conditions of that account.

5.6 SMCC Club: If you become a member of the SMCC Club, and purchase any goods or services, you may receive a discount on these (subject to the terms of the SMCC Club at the time).

Where any discount is applied, the discount is conditional upon you remaining a member of the SMCC Club for 15 days from the date on which your membership commenced.

If you are not a member for 15 days, then on the 15th day after your membership commenced, a further payment will be due from you in respect of the goods or services purchased. The further payment will be the difference between the discounted price and the full price of the goods or services purchased. This will be charged to your payment card at that time.

6. TITLE AND INSURANCE RISK

6.1 The insurance risk in the goods passes to you upon completion of delivery of the goods to the agreed delivery location.

6.2 Ownership of the goods passes to you upon payment in full for the price of the goods and any other goods that we have supplied to you and in respect of which payment has become due. If you are a business customer, the following terms of this clause 6 also apply:

6.3 Until ownership of the goods has passed to you, you shall:

(a) store the goods separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
(c) maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d) notify us immediately if you become subject to any of the events in clause 8.1(c) listed below; and
(e) give us such information relating to the goods as we may require from time to time.

6.4 If you are a business customer: Subject to clause 6.5 you may resell or use the goods in the ordinary course of your business (but not otherwise) before we receive payment for the goods. If you resell the goods before that time:

(a) you do so as principal and not as our agent; and
(b) title to the goods shall pass from us to you immediately before the time at which resale occurs.

6.5 If before title to the goods passes to you, you become subject to any of the events in clause 8.1(c), or we consider that any such event is about to happen and notify you accordingly, then:

(a) your right to resell the goods or use them in the order course of your business ceases immediately; and
(b) provided that the goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the goods and, if you fail to do so promptly, enter any of your premises or any premises of any third party where the goods are stored in order to recover them.

7. WARRANTY AND QUALITY

7.1 We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), the goods shall:

(a) conform in all material respects with their description and any relevant specification; and
(b) be free from material defects in design, material and workmanship.

7.2 Except as stated in clause 7.3 or 7.4, if:

(a) you give us notice in writing during the warranty period within a reasonable time of discovery (and no more than 14 days of discovery) that the goods do not comply with the warranty set out in clause 7.1;
(b) we are given a reasonable opportunity of examining such goods; and
(c) you return the goods to us at our cost,
we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full. We will not be responsible for any other costs, including abortive installation costs.

7.3 We will not be liable for the goods’ failure to comply with the warranty in clause 7.1 in the following circumstances:

(a) you make any further use of such goods after discovery of the defect;
(b) the defect arises because you failed to follow our oral or written instructions (or those of the manufacturer) as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the goods without our written consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
(f) title to the goods has not passed to you.

7.4 Manufacturer’s Warranty: If any goods supplied by us are manufactured by a third party supplier:

(a) we may assign the manufacturer’s warranties you, in which case your right of action in respect of any defects with goods shall be against the manufacturer, and if you are a business customer you shall not pursue any claim against us in respect of any defects in the goods;
(b) regardless of whether any assignment under sub-clause (a) takes place, our maximum liability or responsibility under the warranty in clause 7.1 shall be no greater than that of the manufacturer’s liability to us in respect of those goods.

7.5 If you are a business customer: Except as provided in this clause 7, we shall have no liability to you in respect of the goods’ failure to comply with the warranty set out in clause 7.1.

7.6 If you are a consumer:

(a) we are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will limit, exclude or affect your legal rights under the Consumer Rights Act 2015 or otherwise in respect of faulty goods; and
(b) if you wish to exercise your legal rights to reject goods that are faulty or mis-described, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. You must contact our customer services team using the details below to arrange any return before returning any goods.

7.7 These terms shall apply to any repaired or replacement goods supplied by us under this clause 7.

7.8 Any returns must comply with the other requirements of our returns policy, available at https://www.savemoneycutcarbon.com/help-advice/returns-policy/. You can find details of how to return defective items on that page.

7.9 LED Lights: note we do not warrant or guarantee that the dimming functionality of any LED lights or bulbs will work as described on circuits which we have not supplied or installed.

8. TERMINATION

8.1 We may end the contract for at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods or to perform the services;
(b) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us, or do not allow us to perform the services;
(c) you suspend or threaten to suspend payment of your debts or are unable or deemed unable to pay your debts as they fall due; a bankruptcy petition or application if filed against you; you make an application for an Individual Voluntary Arrangement; any steps are taken for you to be wound up or liquidated or to appoint an administrator or receiver over any of your assets; or any event analogous or which has an effect equivalent or similar to any of the foregoing occurs; we consider that any of the foregoing events are about to occur;
(d) any other term of these terms and conditions allows us to terminate the contact.

8.2 If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9. YOUR RIGHT TO CHANGE YOUR MIND IF YOU ARE A CONSUMER

9.1 This clause 9 only applies if you are a consumer.

9.2 For most goods bought online or by telephone, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

9.3 Your right to change your mind does not apply in respect of:

(a) goods that are made to your specifications or are personalised for you; or
(b) services that have been performed in full.

9.4 The period you have to change your mind is 14 days after:

(a) the day you (or your nominee) receives delivery of the goods. If the goods are delivered in several instalments, you have 14 days after the day of the last instalment; or
(b) in the case of services, 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

9.5 You can cancel the contract in one of the following ways:

(a) contacting our customer services team using the details below. Please tell us what you bought, when you ordered or received it and your name and address; and
(b) by post, by writing to us with details of what you bought, when you ordered or received it and your name and address, or by completing the cancellation form at the end of these terms and posting it to us;
(c) by completing the online returns form on our Returns Policy page.

9.6 If you cancel the contract after goods have been sent to you, you must return them to us or (if they are not suitable for posting or delivery) allow us to collect them. You must contact our customer services team on the details below to arrange a return, and you must send off the goods within 14 days of telling us you wish to end the contract.

9.7 If you are exercising your right to change your mind, you must pay for the costs of return. The costs of collection will be the same as our charges for standard delivery.

9.8 If you change your mind and are entitled to a refund, we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make the following deductions from the price (or if we have already refunded you, you will repay the following amounts):

(a) any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
(b) where the product is a service, an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

We will only refund costs of delivery up to the costs of the least expensive delivery method that you could have chosen.

9.9 Any returns must comply with the other requirements of our returns policy, available at https://www.savemoneycutcarbon.com/help-advice/returns-policy/

10. OUR LIABILITY FOR LOSS OR DAMAGE

The following clauses apply if you are a consumer:

10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

10.2 If you are a consumer we only supply the goods to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as if you are a business customer.
The following clauses apply if you are a business customer:

10.3 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

10.4 Subject to clause 10.5:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for the following types or categories of loss:
(i) loss of profit,
(ii) loss of business opportunity;
(iii) damage to reputation or goodwill; or
(iv) any indirect or consequential loss;
in each case arising under or in connection with any contract between us;
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for goods under such contract.

The following clause applies to all customers

10.5 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective goods under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 We will use the personal information you provide to us:

(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to give you information about similar goods and services that we provide, but you may stop receiving this at any time by contacting us.

11.2 Where we extend credit to you for the goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

12. OTHER IMPORTANT TERMS

12.1 Force Majeure: we shall not be liable to you for any delays or failure to comply with these terms due to events outside of our reasonable control. Such events include, but are not limited to, fire, flood, wars, embargo, strikes, labour disputes strikes and lock-outs, shortage of transport, explosions, riots, restrictions or orders of any governmental authority, or change of laws.

12.2 Transfer: We may transfer our rights and obligations under these terms to another organisation, provided we give you notice in writing. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (we may not unreasonably withhold our consent). However, if you are a consumer you may transfer our guarantee at clause 7 to a person who has acquired the goods.

12.3 Third Parties: This contract is between you and us. No other person shall have any rights to enforce any of its terms, except any person to whom rights are transferred under clause 12.2.

12.4 Severance: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5 Waiver: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.6 Contact Details: you are responsible for providing us with your updated contact details.

12.7 Notices: any notices that must be given under these terms shall (unless stated otherwise) be given in writing. Any notice given by you must be given to us at our email address or postal address given below. Any notices given by us will be given by writing to you at the email address or postal address you provided to us in your order. Any notice given by post will be deemed to have been received 2 working days after posting. Any notice given by email will be deemed to have been received at 9am on the next working day after sending.

12.8 Laws:

(a) If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
(b) If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

13. CONTACTING US

13.1 You can contact our customer services team by any of the following methods:

(a) By telephone: 0333 123 5464
(b) By using our online contact form
(c) By post: Customer Services, SaveMoneyCutCarbon, Abbeystone House, 36 Eastern Way, Bury St. Edmunds, Suffolk, IP32 7AB

SMCC Club

OUR TERMS

1. THESE TERMS

1.1 We are Intelligent Resource Management Limited, trading as SaveMoneyCutCarbon. We are a company registered in England and Wales with company registration number 06889053 and our registered office is at Abbeystone House, 36 Eastern Way, Bury St. Edmunds, England, IP32 7AB.

1.2 These are the terms and conditions governing your SMCC Club membership.

1.3 We reserve the right to refuse your application for membership of the SMCC Club for any reason (other than one prohibited by law).

1.4 No terms other than these terms will apply to your SMCC Club membership without our written consent. You should read these terms carefully and let us know if you think there is any mistake.

1.5 These terms are in addition to our terms and conditions of sale [INSERT LINK], our website terms of use [INSERT LINK] and our privacy notice.

1.6 These terms apply if you are a business customer or a consumer.

You will be a consumer if you purchase goods or services when acting wholly or mainly outside the course of your business, trade, craft or profession. We may sometimes refer to “domestic customers”, and a domestic customer is the same as a consumer for the purpose of these terms.

In all other cases, you will be a business customer.

1.7 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

1.8 The words “writing” or “written” in these terms, this includes emails.

1.9 You can contact us by using the contact details given at the end of these terms.

2. THE SMCC CLUB

2.1 SMCC Club is a membership program offering benefits and services to its members, as set out in these terms (the benefits and services are called the “Club Benefits”).

2.2 The Club Benefits are described here. The page setting out the benefits will be contractually enforceable, as if it were part of these terms.

2.3 Discounted prices: One of the Club Benefits entitles you to a discount on certain products you purchase from us. Where you make purchases within the first 14 days of your membership, the discounted price is condition upon you remaining a member of the SMCC Club for more than 15 days.
If you are not a member for 15 days, then on the 15th day after your membership commenced, a further payment will be due from you in respect of each product purchased. The further payment will be the difference between the discounted price and the full price of the product purchased. This will be charged to your payment card at that time.

2.4 We shall use reasonable skill and care in providing the Club Benefits to you.

3. MEMBERSHIP TERM AND RENEWAL

3.1 Your membership of the SMCC Club is for a 12 month term, and may only be cancelled by you in accordance with these terms.

3.2 Automatic Renewal: At the end of each 12 month term, your membership will automatically renew for a further period of 12 months, unless you give us notice in writing before the end of the 12 month term, stating that you do not wish to renew your membership.

3.3 Each 12 month term of membership is referred to as a Subscription Term.

4. FEES

4.1 The membership fee payable by you will be as shown during the membership application process.

4.2 We have two payment models – the annual payment model and the monthly payment model.

4.3 Annual payment: if you choose the annual payment model:

(a) You will pay the entire membership fee in advance.
(b) On renewal of your membership for another Subscription Term, the membership fee for the full year will be due on the first day of the new Subscription Term.
(c) Unless you have told us you do not wish to renew in advance, we will automatically take the payment for each new Subscription Term on or around the first day of that Subscription Term, using the same payment details as previously provided to us. If those payment details are no longer valid, you must provide us with new payment details within 30 days of the start of the Subscription Term, otherwise your membership will be cancelled.

4.4 Monthly payment: If you choose the monthly payment model:

(a) You will pay the membership fee in 12 equal instalments through the course of the Subscription Term. The first instalment will be due on the first day of the Subscription Term, and each further instalment will be due on the same date in each of the next 11 calendar months (or the closest equivalent date, where there is no corresponding date).
(b) On renewal of your membership for another Subscription Term, the membership fee will continue to be due in the same manner, and we will continue to automatically take the monthly payments.
(c) If your payment details cease to be valid during the Subscription Term, you must provide us with new payment details within 30 days of the change of your details, otherwise your membership will be cancelled.
Where your membership is cancelled part way through a Subscription Term under this clause, you will remain liable to us for the fee for the remainder of the Subscription Term, but if you pay this, we will reinstate your membership.

4.5 The membership fee is non-refundable, except where stated otherwise in these terms.

4.6 We may increase the membership fee for any new Subscription Term. Where we propose to increase the membership fee, we will give you notice of the change at least 14 days before the start of the new Subscription Term. If you do not agree to the new membership fee, you must notify us before the start of the new Subscription Term that you wish to cancel your membership. If you do not notify us that you wish to cancel, your membership will be automatically renewed for another Subscription Term at the new membership fee.

4.7 If for any reason we are unable to take any payment of the membership fee when due, and you do not pay the due amount within 30 days of it becoming due, we shall be entitled to cancel your membership of the SMCC Club immediately on giving you notice. In such a case, you shall not be entitled to any refund, and will remain liable to pay to us membership fee for the remaining period of your Subscription Term, but if you pay this, we will reinstate your membership.

5. YOUR RIGHTS TO CANCEL

5.1 Except as set out in this clause, or elsewhere in these terms, you have no right to cancel your membership before the expiry of your current Subscription Term.

5.2 Change of terms or Club Benefits: in certain circumstances, you may have a right to cancel as a result of changes we make to these terms or the Club Benefits. See clause 7 for further details.

5.3 Right to change your mind if you are a consumer: If you are a consumer, you have the right to change your mind and cancel your membership under the Consumer Contracts Regulations 2013. These rights are explained in more detail in the following clauses.

5.4 The period you have to change your mind is 14 days after the day on which your membership of the SMCC Club begins.

5.5 Your right to change your mind does not apply in respect of services that have been performed in full.

5.6 You can cancel your membership and our contract in one of the following ways:
(a) contacting our customer services team using the details below. Please tell us your name and address;
(b) by post, by writing to us with your details and confirming that you wish to cancel; or
(c) by completing the cancellation form at the end of these terms and posting it or emailing it to us.

5.7 If you change your mind and are entitled to a refund, we will refund you the price you paid by the method you used for payment. However, we may deduct an amount for the supply of the Club Benefits for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
You will also be charged the difference between the price you paid for any products you have purchased from us during your membership with a membership discount, and the full price of those products – please see section 2.3 above for more information.

6. OUR RIGHT TO CANCEL

6.1 We may terminate your SMCC Club membership by giving you not less than 30 days’ notice for any reason. Where we terminate your membership under this clause, we will refund you any membership fee you have already paid (on a pro rata basis) for the period of the Subscription Term remaining after the termination.

6.2 We may at any time cease to accept new applications for membership to the SMCC Club, including stopping all applications for renewal by existing SMCC Club members.

6.3 We may terminate your SMCC Club membership immediately by notice to you if we consider that:

(a) your use of the SMCC Club and Club Benefits materially breaches these terms, any other terms and conditions, or any applicable law;
(b) you are in breach of any other contract or agreement with us, including the terms on which we supply goods or services to you, or our website terms of use;
(c) you have fraudulently used or misused the Club Benefits;
(d) you have failed to pay any sum in respect of your membership fee within 30 days of it becoming due to us;
(e) you suspend or threaten to suspend payment of your debts or are unable or deemed unable to pay your debts as they fall due; a bankruptcy petition or application if filed against you; you make an application for an Individual Voluntary Arrangement; any steps are taken for you to be wound up or liquidated or to appoint an administrator or receiver over any of your assets; or any event analogous or which has an effect equivalent or similar to any of the foregoing occurs; we consider that any of the foregoing events are about to occur; or
(f) you have failed to pay any sum to us under any other contract (including any contract for purchase of goods or services) within 30 days of it becoming due to is.
In this case we will not provide any refund of your membership fee, and you will remain liable to us for the membership fee for the remainder of your Subscription Term.

7. CHANGES TO THIS AGREEMENT AND THE SMCC BENEFITS

7.1 We may change these terms or the Club Benefits, or any part of them, at any time for the following reasons:

(a) for legal or regulatory reasons;
(b) for security reasons;
(c) to enhance existing features or add additional benefits to the SMCC Club or Club Benefits;
(d) to reflect advancements in technology;
(e) to make reasonable technical adjustments to the SMCC Club or Club Benefits, and/or to ensure the ongoing operability of the SMCC Club and Club Benefits.

7.2 If we make changes, we will inform you in advance of the changes to be made.

7.3 We may also remove any Club Benefits at any time for any reason.

7.4 If we remove any material Club Benefits, or make any change which is materially detrimental to your use or enjoyment of the Club Benefits, we shall give you notice of the change at least 14 days in advance. You may then cancel your membership on giving us at least 7 days written notice, provided that you give this notice within 14 days of us notifying you of the change. On cancellation, we shall refund you the membership fee you have already paid for the cancelled period of your Subscription Term (on a pro-rata basis).

8. OUR LIABILITY FOR LOSS OR DAMAGE

The following clauses apply if you are a consumer:

8.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

8.2 If you are a consumer, we only allow you to become a member of the SMCC Club for domestic and private use. If you use your membership or the Club Benefits for any commercial, business or re-sale purpose our liability to you will be limited as if you are a business customer.

The following clauses apply if you are a business customer:

8.3 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

8.4 Subject to clause 8.5:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for the following types or categories of loss:
(i) loss of profit,
(ii) loss of business opportunity;
(iii) damage to reputation or goodwill; or
(iv) any indirect or consequential loss;
in each case arising under or in connection with any contract between us;
(b) our total liability to you for all other losses arising under or in connection with the SMCC Club and Club Benefits, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the membership fee paid by you for the Subscription Term(s) in which our default occurs.

The following clause applies to all customers

8.5 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

9. HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1 We will use the personal information you provide to us:

(a) to register you as a member of the SMCC Club and supply Club Benefits to you;
(b) to process your payment of the membership fee; and
(c) if you agreed to this during the membership application process, to give you information about similar goods and services that we provide, but you may stop receiving this at any time by contacting us.

10. OTHER IMPORTANT TERMS

10.1 Promotions and Trial Memberships: From time to time, we may offer certain customers specific trial or other promotional memberships, which are subject to these terms, except as otherwise stated in the promotional membership terms. Trial and promotional members may at any time choose not to convert or continue to paid or non-promotional membership as set out in these Terms and in the promotional membership terms.

10.2 Force Majeure: we shall not be liable to you for any delays or failure to comply with these terms due to events outside of our reasonable control. Such events include, but are not limited to, fire, flood, wars, embargo, strikes, labour disputes strikes and lock-outs, shortage of transport, explosions, riots, restrictions or orders of any governmental authority, or change of laws.

10.3 Transfer: We may transfer our rights and obligations under these terms to another organisation, provided we give you notice in writing. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (we may not unreasonably withhold our consent).

10.4 Third Parties: This contract is between you and us. No other person shall have any rights to enforce any of its terms, except any person to whom rights are transferred under clause 10.2.

10.5 Severance: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.6 Waiver: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.7 Contact Details: you are responsible for providing us with your updated contact details.

10.8 Notices: any notices that must be given under these terms shall (unless stated otherwise) be given in writing. Any notice given by you must be given to us at our email address or postal address given below. Any notices given by us will be given by writing to you at the email address or postal address you provided to us in your membership application. Any notice given by post will be deemed to have been received 2 working days after posting. Any notice given by email will be deemed to have been received at 9am on the next working day after sending.

10.9 Laws:

(a) If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the SMCC Club and Club Benefits in the English courts. If you live in Scotland you can bring legal proceedings in respect of the SMCC Club and Club Benefits in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the SMCC Club and Club Benefits in either the Northern Irish or the English courts.
(b) If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

11. CONTACTING US

11.1 You can contact our customer services team by any of the following methods:
(a) By telephone: 0333 123 5464
(b) By using our online contact form
(c) By post: Customer Services, SaveMoneyCutCarbon, Abbeystone House, 36 Eastern Way, Bury St. Edmunds, England, IP32

CANCELLATION

You may contact us to request a cancellation by post or telephone using the details on our Returns Policy page.

Energy Survey of Great Britain Terms & Conditions

1. These terms and conditions apply to the Energy Survey of Great Britain

2. By entering a competition, entrants accept these terms and conditions together with any specific instructions and terms for such competition which may be mentioned in any electronic messages, or on the website, or communicated to entrants in any other way (“competition information”). Such competition information shall prevail in the event of there being any inconsistency between these competition terms and conditions and any competition information.

3. SaveMoneyCutCarbon may cancel or amend any competition, competition information, or these terms and conditions without prior notice. Any changes will be posted either within the competition information or these terms and conditions.

Competition Entry

1. The competition is open to all residents of the United Kingdom, i.e. England, Northern Ireland, Scotland, and Wales. For the avoidance of doubt, Jersey, Guernsey, and the Isle of Man are not part of the United Kingdom for these purposes. SaveMoneyCutCarbon may ask competition winners for proof of UK residency and if a competition winner is unable to prove their residency (i.e. prove that they are physically present in the UK for 183 days or more in the previous or current UK tax year), SaveMoneyCutCarbon reserves the right to select an alternative winner. All entrants must be over the age of 18 and are responsible for the energy bill in their home. The winners must also agree to be involved in marketing material which may include a photo or video.

2. Only one entry per household is permitted.

3. The opening and closing dates and times for entries are as indicated in the competition information. Any entries received before the opening and after the closing of the competition will be invalid and will not be entered into the competition.

4. By entering the competition entrants warrant that all information submitted by them is true, current, and complete.

5. Neither SaveMoneyCutCarbon nor its servants, agents, nor any other party or organisation involved in the management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the competition will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by SaveMoneyCutCarbon or any third party), virus, bugs, or other causes outside its control.

6. Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries or, in the case of postal entries, more than one entry submitted under the same postage stamp) will not be accepted.

7. Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by SaveMoneyCutCarbon will be void.

8. SaveMoneyCutCarbon will not be liable to reimburse expenses incurred in making an entry in any competition.

 

Prizes

The prize is as specified in the competition information.

1. Where the winner is required to speak for the purposes of a film or video production they must appear to be able to communicate clearly and appropriately for the production in question. SaveMoneyCutCarbon reserves the right to select an alternative winner in the event that these requirements are not met.

2. The winner will be randomly selected from all correct and valid entries, the draw for the winner will take place within 7 days of the date on which the competition closes.

3. Prize draw prizes will be awarded in accordance with the laws of chance and, if required by law or regulation, under the supervision of an independent observer.

4. SaveMoneyCutCarbon will attempt to notify the winner within 21 days after the closing date, or as otherwise indicated in the competition information, and where time is of the essence for such a period as SaveMoneyCutCarbon shall in its absolute discretion deem reasonable. He/she will be contacted on the phone number, by SMS text, or email address provided when entering the competition. The winner will have a specified fixed time period in which to claim his or her prize. If SaveMoneyCutCarbon is unable to notify the winner, or if the winner fails to respond within the fixed time period as specified and/or provide an address for delivery of the prize, this may result in forfeiture of the prize and SaveMoneyCutCarbon reserves the right to select an alternative winner in accordance with these terms and conditions and the competition information.

5. SaveMoneyCutCarbon may in its sole discretion refuse to provide a prize, or seek its recovery, in the event of non-entitlement under these terms or an entrant’s breach of these terms, SaveMoneyCutCarbon’s website terms of use, fraud, dishonesty, or other inappropriate or improper conduct including but not limited to the use of technology which enables an entrant to evade charges or entry requirements.

6. SaveMoneyCutCarbon reserves the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, if it believes the Competition is not capable of being conducted as specified in these terms and conditions or in the event of a virus, computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of SaveMoneyCutCarbon that could corrupt or affect the administration, security, impartiality, or normal course of the Competition.

7. SaveMoneyCutCarbon reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request or to disqualify the entrant from the competition.

8. SaveMoneyCutCarbon shall try to deliver the prize to the winner within 28 days from the date of the draw, unless otherwise specified to the winner. Delivery restrictions may apply. No cash equivalent (where applicable) or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, SaveMoneyCutCarbon reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value.

9. In relation to all competitions, the first name and surname of the winner may be published by SaveMoneyCutCarbon and entrants grant to SaveMoneyCutCarbon a non-exclusive licence to use and publish their entry in any media for the purpose of announcing the winner.

10. The final prize of £1,200 will be paid via cheque.

 

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